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Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  Illinois  Urbana-Champaign 


https://archive.org/details/revisedordinance00bell_0 


REVISED  ORDINANCES 


OF  THE 

CITY  OF  BELLEVILLE, 

WITH  THE 

CITY  CHARTER  AND  AMENDMENTS: 

WITH 


AJNT  APPENDIX, 

CONTAINING  THE  CHARTER  OF  THE  CITY  OF  SPRINGFIELD,  AND 
THE  GENERAL  AND  SPECIAL  LAWS  RELATING  TO  THE 
CITY  OF  BELLEVILLE,  AND  TO  INCORPORATED 
TOWNS  AND  CITIES : 

TOGETHER  WITH  A 

BRIEF  HISTORY  OF  BELLEVILLE, 

BY  EX-GOYERNOR  JOHN  REYNOLDS. 


REVISED  BY 

T.  J.  KRAFFT,  CITY  ATTORNEY, 

AND 

PUBLISHED  BY  ORDER  OF  THE  CITY  COUNCIL. 


III: 

PRINTED  BY  G.  A.  HARVEY. 


1802. 


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INTRODUCTION. 


I  pursue  the  good  old  fashion  to  give  a  short  introduction  of  the 
following  pages  to  the  public. 

The  city  government  of  Belleville  has  decided  to  publish  a  short  and 
authentic  history  of  the  city  from  its  earliest  days  to  the  present  time.  It 
is  hoped  that  both  the  city  and  the  public  will  be  benefited  by  the  work. 
The  public  at  a  distance  will  be  made  better  acquainted,  by  a  correct 
history,  with  the  benefits  and  advantages  of  this  city  than  they  are  at 
present,  and  thereby  many  efficient  business  men,  mechanics,  and  others, 
to  advance  their  interest  and  business,  will  be  induced  to  see  and  settle  in 
Belleville. 

Under  this  view  of  the  subject,  the  Hon.  the  Corporation  of  the  City  of 
Belleville,  with  the  worthy  Mayor,  Mr.  Goedeking,  at  their  head,  will 
receive  the  thanks  and  approbation  of  the  public  for  presenting  the 
following  pages,  giving  a  true  statement  of  the  rise,  progress  and  future 
prosperity  of  the  city  of  Belleville. 

I  was  requested  by  the  Mayor  and  City  Government  to  write  the  above 
history,  and  all  I  can  say  on  the  subject  is,  that  the  publio  may  rest 
assured  that  the  statement  of  facts  contained  in  the  following  pages  will 
be  true  and  correct,  so  far  as  I  am  able  to  present  them.  I  was  a  resident 
of  the  country  and  county  long  before  Belleville  had  an  existence,  and 
have  witnessed  its  rise  and  progress  to  the  present  time.  I  have  been  a 
resident  of  the  city  for  more  than  thirty  years,  and  I  hope,  taking  all 
^  these  considerations  together,  that  I  will  be  able  to  give  to  the  public  a 
true  and  correct  history  of  the  city  of  Belleville. 


M 


JOHN  REYNOLDS. 


5? 

4 


P.  S. — The  city  government  decided  to  publish  the  ordinances  of  the 
city  of  Belleville  at  all  events,  and  it  also  decided  to  append  to  the 
y  ordinances  the  following  history  of  the  city. 


•T| 


."i 


THE  HISTORY 


OF  THE 

CITY  OF  BELLEVILLE. 


CHAPTER  I. 

THE  POSITION  OF  THE  CITY  OF  BELLEVILLE,  AND  ITS  FUTURE  PROSPECTS. 

The  city  of  Belleville  is  situated  upon  a  gently  rising  eminence,  near 
the  centre  of  St.  Clair  county,  Illinois,  in  latitude  38°  and  36'  north,  and  13° 
west  longitude,  and  west  of  Washington  City.  The  location,  and  the  beauty 
of  the  surrounding  country,  is  not  surpassed  by  any  place  in  Southern  Illi¬ 
nois.  Although  objected  to  by  some,  the  climate  is  a  happy  medium  be¬ 
tween  the  extremes  of  the  North  and  South,  and  in  it  a  laboring  man  can 
perform  as  much  work  as  in  any  climate  in  America.  I  believe  the 
largest  and  most  wealthy  cities  on  the  globe  are  found  within  the  range  of 
this  temperature,  although  the  degrees  of  latitude  may  be  different. 

This  city  is  situated  in  the  midst  of  the  most  fertile  and  productive 
agricultural  regions  in  the  United  States,  and  the  county  of  St.  Clair,  of 
which  Belleville  is  the  seat  of  justice,  is  admitted  to  be  among  the  most 
wealthy  and  productive  counties  in  the  State,  or  in  the  whole  valley  of 
the  Mississippi.  This  city  is  situated  on  the  elevated  country  about  mid¬ 
way  between  the  Mississippi  and  Kaskaskia  rivers,  and  surrounded  by  a 
plain  of  beautiful,  undulating  country,  whose  beauty  is  not  surpassed  in 
the  State.  On  any  elevated  point  in,  or  near,  the  city,  a  great  portion  of 
the  country,  as  far  as  the  eye  can  extend,  may  be  seen  at  a  single  glance, 
and  the  rich  soil,  and  the  well  improved  farms,  extending  in  every  direc¬ 
tion  around,  would  surely  make  any  one  believe  that  he  beheld  the  finest 
agricultural  country  in  the  Union. 

It  is  not  only  the  county  of  St.  Clair  that  surrounds  this  city  with  its 
inexhaustible  agricultural  wealth,  but  almost  the  same  quality  of  soil  and 
improvements  extend  a  great  distance  to  the  East,  North  and  South,  from 
whence  Belleville  derives  a  great  commercial  business.  It  is  the  country 


0 


THE  HISTORY  OF  THE 


that  makes  the  city,  ancL  in  the  same  proportion  that  the  agricultural 
interests  rise  in  any  country,  will  be  the  progress  and  prosperity  of  the 
cities.  The  cities  of  the  West  have  kept  pace  with  the  country,  and  the 
same  degree  of  improvement  will  mark  the  progress  of  Belleville,  if  the 
citizens  will  observe  a  liberal  and  wise  policy.  There  are  no  cities  on  the 
continent  that  have  sprung  up  so  fast,  and  so  great,  as  St.  Louis,  Cincinnati 
and  Chicago,  and  the  great  productiveness  of  this  mammoth  valley  of  the 
West  has  caused  it.  The  ultimate  high  destiny  of  this  city,  and  its  trium¬ 
phant  success,  no  reasonable  man  can  doubt. 

The  increasing  growth  and  prosperity  of  Belleville  have  never  been 
arrested,  and  even  in  this  crisis  of  the  country,  the  city  has  not  ceased  to 
improve  and  advance  in  wealth.  I  pretend  not  to  say  that  this  city  has 
advanced  as  much  the  past  season  as  it  has  done  in  some  years  before,  but 
I  do  believe  that  it  has  improved  more,  and  done  better,  than  almost  any 
other  city  of  the  WTest,  with  the  same  population.  Some  competition  and 
friendly  emulation  do  not  injure  an  individual,  or  city,  and  the  city  of 
Belleville,  though  it  has  for  its  neighbors  many  small  towns,  and  the  great 
city  of  St.  Louis,  yet  it  has  no  fears  of  being  injured,  or  retarded  in  growth, 
by  the  competition  or  rivalship  of  these  towns.  This  city  has,  and  enjoys 
a  friendly  intercourse,  and  pleasant  business  relations,  with  the  surround¬ 
ing  towns,  and  is  not  injured,  but  benefited  by  the  friendly  connection. 

Belleville  is  the  largest  and  most  flourishing  city  in  Southern  Illinois, 
and  may  be  termed,  with  propriety,  the  Queen  of  Egypt,  but  having  no 
blood  relationship  with  Queen  Cleopatra.  Under  all  circumstances,  this 
city  must,  in  its  future,  rise  into  an  importance  and  greatness  that  will 
surprise  its  most  ardent  admirers  and  friends. 


CHAPTER  II. 

THE  CONCEPTION  OF  BELLEVILLE - ITS  LOCATION  AND  ITS  BIRTH. 

Every  intelligent  man  in  the  West  knows,  that  most  of  this  giant  valley 
of  the  Mississippi  was  owned  by  the  State  of  Virginia,  up  to  the  great 
river  above  mentioned,  and  that  Virginia,  in  the  year  1778,  soon  after  the 
conquest  of  the  country  from  England  by  Gen.  Clark,  laid  out  a  county, 
including  all  the  inhabitants  in  the  colonies  on  the  Mississippi,  and  called 
it  “The  County  of  Illinois.”  In  1784,  Virginia  conveyed  all  this  vast 
region  of  country  to  the  Confederacy  of  the  States,  and  Arthur  St.  Clair, 
the  Governor  of  the  North-west  Territory,  established  the  county  of  St. 
Clair  in  1790,  which  county  included  all  the  settlements  on  the  Mississippi. 


CITY  OF  BELLEVILLE. 


7 


In  1795  Randolph  county  was  laid  off,  and  Kaskaskia  was  the  seat  of 
justice  for  that  county,  and  Cahokia  for  St.  Clair. 

In  this  early  period  there  was  not  one  American  settlement  within  the 
present  limits  of  this  county,  except  Piggot’s  Fort,  in  the  present  Monroe 
county,  in  the  American  Bottom,  east  of  Columbia,  and  perhaps  a  few 
families  within  the  immediate  vicinity  of  the  Fort.  The  Indian  war  raged 
at  this  time. 

In  process  of  time  the  American  people  settled  in  St.  Clair  county,  on 
the  high  lands,  east  of  the  American  Bottom,  and  the  French  colonies  on 
the  Mississippi  were  found  to  be  in  a  minority  at  the  ballot  box.  The 
conception  of  moving  the  county  seat  of  St.  Clair,  from  the  French  village 
of  Cahokia,  to  some  eligible  point  more  in  the  centre  of  the  county,  was 
discussed  among  the  people  in  the  summer  of  1813,  and  the  tine  phrenzied 
conception,  more  substantial  than  the  imagination  of  the  great  poet, 
assumed  “a  local  habitation  and  a  name.”  It  was  decided  at  the  ballot 
box  that  the  county  seat  was  to  be  moved  from  Cahokia  to  a  more  central 
position  in  the  county,  and  members  were  elected  to  the  Legislature  to 
give  birth  to  the  conception.  The  following  is  a  copy  of  a  record,  found 
in  the  proceedings  of  the  Court  of  Common  Pleas,  of  St.  Clair  county,  at 
the  December  term,  1813  : 

Ordered:  “That  the  Clerk  notify  John  Hay,  James  Lemen,  Isaac 
Enochs,  Wm.  Scott,  Jun.,  Nathan  Chambers,  Jacob  Short  and  Caldwell 
Cains,  Commissioners  appointed  by  the  Legislature  to  fix  upon  a  place  for 
the  seat  of  justice  of  this  county,  and  that  they  meet  at  the  house  of  Col. 
Whiteside,  on  the  25th  of  January  next,  and  to  make  return  at  our  next 
February  term,  under  their  hands  and  seals.” 

At  the  April  term  of  the  same  court  (1814)  the  above  named  Commis¬ 
sioners  made  the  following  report,  which  is  recorded  on  page  103,  of  the 
Court  Records : 

“  In  pursuance  of  a  law  passed  by  the  Legislature  of  the  Illinois  Terri¬ 
tory,  on  the  10th  day  of  December,  1813,  at  the  village  of  Kaskaskia,  for 
the  purpose  of  fixing  on  the  place  of  holding  courts  in  the  counties  of 
Madison,  St.  Clair  and  Johnson,  and  by  virtue  of  a  written  order,  issued 
from  the  Court  of  Common  Pleas,  directed  to  us,  Commissioners  for  the 
county  of  St.  Clair,  to  meet  on  the  25th  day  of  January,  1814,  at  the 
dwelling  house  of  Col.  William  Whiteside,  for  the  purpose  of  fixing  the 
seat  of  justice  for  the  said  county  of  St.  Clair,  we,  the  Commissioners,  met 
agreeable  to  order,  (all  being  present,)  and  made  no  decision,  for  the  want 
of  the  law,  and  the  proper  officer  to  administer  the  oath  required  in  that 
case.  We  then  adjourned,  and  appointed  to  meet  on  Monday,  the  14th 


8 


THE  HISTORY  OF  THE 


of  February,  at  the  village  of  Cahokia,  and  we  met  accordingly,  and  post¬ 
poned  our  decision  for  further  consideration  and  view  of  situation  and 
place.  Then  appointed  to  meet  at  the  dwelling  house  of  George  Blair, 
and  met  accordingly,  (all  being  present.)  A  majority  could  not  agree, 
then  we  again  postponed  our  decision,  and  appointed  to  meet  on  Thursday* 
the  10th  of  said  instant,  (March,)  at  the  said  dwelling  house  of  George 
Blair,  (all  being  present,)  and  we,  a  majority  of  said  Commissioners,  have 
agreed  and  fixed  the  county  seat  for  St.  Clair  county  on  the  land  of  George 
Blair,  and  have  marked  the  place  for  that  purpose,  about  twenty-five  rods 
north-east  from  the  dwelling  house  of  the  said  George  Blair,  in  his  corn¬ 
field,  and  we,  a  majority  of  said  Commissioners,  further  report  the  said 
George  Blair  has  proposed  and  agreed  to  give  a  donation  for  the  use  and 
benefit  of  said  county  of  St.  Clair,  of  a  public  square,  containing  one  acre 
of  land,  for  the  purpose  of  erecting  public  buildings  thereon,  and  to  relin¬ 
quish  twenty-five  acres  of  land  adjoining  next  around  the  public  square, 
and  he  also  proposes  to  give  every  fifth  lot  of  land  of  the  twenty-five  acres, 
exclusive  of  the  streets,  a  donation  for  the  use  and  benefit  of  the  county. 

“Given  under  our  hands  and  seals,  this  10th  day  of  March,  1814. 


ISAAC  ENOCHS, 
JAMES  LEMEN, 

JACOB  SHORT, 
NATHAN  CHAMBERS, 
JOHN  HAY, 


SEAL.] 

SEAL. 

SEAL. 

SEAL. 

SEAL. 


“  George  Blair  comes  into  court  and  says  he  will  have  conveniences 
made  by  next  June  term  to  hold  the  court  at  this  place  at  that  term. 
And  Mr.  Blair  received  six  dollars  for  hauling  benches,  seats  and  tables  of 
the  court  house  from  Cahokia.” 

At  page  109  of  the  court  records,  it  is  ordered  by  the  court  “that  a 
court  house  and  jail  be  erected  at  the  new  county  seat.”  This  decree  of 
the  court  was  made  at  the  March  term,  1814,  and  the  next  term  of  the 
court  was  held  in  Belleville. 

I  understood  at  the  time,  that  George*  Blair  gave  the  name  of  Belleville 
to  the  new  county  seat,  and  the  public  acquiesced  in  it.  The  name  Belle¬ 
ville  has  become  familiar  by  use,  and  it  is  a  short  and  an  agreeable 
sounding  word.  The  name  is  French,  and  means  in  English  “  a  fine,  or 
beautiful  city,”  and  has  in  reality  come  to  be  what  its  name  indicates. 
Most  of  the  city  of  Belleville  is  built  on  section  twenty-one,  township  one, 
north  cf  range  eight  west. 

The  above  chapter  of  records  shows  the  location  of  Belleville,  and  its 
rise,  progress  and  future  prospects,  and  demonstrates  the  truth  that  the 
selection  of  the  site  was  wise  and  judicious. 


CITY  OF  BELLEVILLE. 


9 


CHAPTER  III. 

GEORGE  BLAIR  AND  BELLEVILLE. 

George  Blair  is  magnified  into  some  notoriety  and  fame  by  his  connec¬ 
tion  with  the  city  of  Belleville,  and  the  same  is  carried  out  without  much 
of  his  agency  or  talents.  He  is  made  conspicuous  and  distinguished 
amongst  men  by  force  of  circumstances — a  destiny  which  he  did  not 
control.  He  was  an  ordinary  man ;  but  he  owned  the  land  on  which  this 
city  was  founded,  and  by  thus  riding  on  the  back  of  Belleville,  without 
any  great  merit,  his  name  will  be  transmitted  to  late  posterity. 

The  first  time  I  saw  Mr.  Blair  was  in  the  fall  of  1806,  and  I  was  well 
acquainted  with  him  from  that  time  until  his  death.  He  then  resided  in 
a  log  cabin,  covered  with  split  boards  and  weight  poles,  and  occupied  a 
point  a  few  feet  east  of  the  mansion  of  Mr.  Russell  Hinckley,  in  this  city. 
This  log  cabin  and  this  man  were  somewhat  similar  in  their  humble 
positions  at  this  time,  in  1806,  and  were  the  primitive  specimens  of  men 
and  houses  that  then  appeared  in  Belleville.  Mr.  Blair  located  at  this 
place  to  enjoy  the  fine  spring  water  that  at  this  time  is  used  in  Mr. 
Hinckley’s  steam  mill. 

And  to  return  again  to  the  notoriety  of  the  land  proprietors  on  which 
cities  are  founded — Mr.  Blair  is  not  the  first  that  has  become  conspicuous 
on  such  occasions.  We  read  that  a  vessel,  filled  with  men,  women  and 
children,  of  the  Greek  nation,  was  driven  ashore  in  an  humble  condition, 
and  asked  only  for  as  much  earth  as  a  bull’s  hide  would  cover  on  which 
to  live.  The  request  was  granted  ;  but  the  cunning  Greeks  cut  the  bull’s 
hide  into  small  strips,  and,  by  this  cunning  device,  the  bull  skin  was 
extended  around  a  considerable  tract  of  land,  on  which  these  immigrants 
built  a  city.  Mr.  Blair  was  a  man  of  medium  size  and  middle  age  in 
1814,  and  possessed  nothing  attractive  about  him.  He  was  not  wealthy 
at  the  time  ;  but  he  had  purchased  two  militia  rights  of  one  hundred  acres 
each,  and  located  them  on  the  land  whereon  Belleville  is  built.  He  had 
a  small  farm,  extending  from  his  log  cabin  to  about  the  north  side  of  the 
public  square,  in  the  present  city  of  Belleville,  and  it  was  not  well 
cultivated.  Mr.  Blair,  like  many  other  persons,  had  a  natural  and  inborn 
hatred  to  work,  and  scarcely  ever  permitted  his  peace  of  mind  to  be 
disturbed  by  any  kind  of  labor  whatever. 

Mr.  Blair  immigrated  with  his  father  to  Illinois  in  the  year  1796,  and 
had  not  the  means  of  any,  or  much,  education.  He  was  no  scholar,  but 
supposed  he  was,  and  he  had  the  imprudence  on  all  occasions,  in  and  out 
of  order,  to  use  words  of  wondrous  length,  and  mostly  inapplicable. 


10 


THE  HISTORY  OF  THE 


Although  he  was  idle  and  indolent,  he  contracted  no  immoral  habits  so 
far  as  I  saw  in  him. 

Mr.  Blair  erected  the  first  private  mansion  in  the  town  of  Belleville. 
Mr.  Etienne  Pensoneau  built  the  first  court  house  about  the  same  time — 
in  the  summer  of  1814.  This  mansion  (Blair’s)  was  the  first  hotel  erected 
in  Belleville ;  and  is  to  this  day  standing  erect,  in  defiance  of  time  and 
want  of  paint,  on  the  south-east  corner  of  Illinois  and  Second  South  streets. 
The  walls  of  this  venerable  house  are  composed  of  large  hewn  logs,  laid 
horizontal,  and  weather-boarded  over.  It  is  two  stories  high,  and  had  but 
two  rooms  below,  when  it  was  first  built,  so  far  as  I  recollect. 

I  was  always  a  guest  of  Mr.  Blair’s  hotel,  when  there  was  no  other; 
and  I  can  testify  that  the  landlord  was  blessed  with  a  good  nature  and  a 
benevolent  spirit ;  but  “  mine  hostess”  was  pretty  much  the  reverse  of  her 
husband,  as  the  truth  of  history  will  not  permit  me  to  call  him  “  her  lord 
and  master.” 

Mr.  Blair  procured  Mr.  John  Messenger,  I  am  informed,  as  I  cannot 
find  any  record  of  it,  to  survey  and  lay  off  the  town  of  Belleville.  I  have 
examined  an  ancient  plat  of  the  city,  in  a  book  of  the  County  Court 
Records,  at  page  8,  deposited  in  the  present  County  Clerk’s  Office,  and  I 
find  that  the  plat  of  the  city  was  laid  down  on  a  scale  of  four  chains  to 
the  inch,  and  on  the  cardinal  points.  The  streets,  I  am  informed,  were 
named  by  Mr.  Blair,  as  well  as  the  city  itself.  The  most  eastern  street 
in  the  town  was  called  Church  street,  and  on  westward  are  Jackson, 
High,  Illinois,  Spring  and  Hill  streets.  The  streets  north  and  south  from 
the  public  square  are  numbered  1st,  2d  and  3d.  The  street  extending 
east  and  west  through  the  public  square  is  called  on  the  plat  St.  Clair 
street,  but,  by  common  usage,  it  has  become  known  as  Main  street.  This 
and  Illinois  street  are  marked  on  the  plat  sixty-six  feet  wide ;  and  all  the 
others  forty-nine  and  one-half  feet  wide.  There  are  nine  lots  in  a  block ; 
and  the  lots  extending  east  and  west  are  one  hundred  and  ten  feet  long, 
and  those  extending  north  and  south  are  ninety-nine  feet  wide.  The 
blocks  on  this  map  are  not  numbered,  but  the  lots  are  numbered  from  one 
to  two  hundred  and  seventy-six,  ending  at  the  north-east  corner  of  Church 
and  First  North  streets. 

This  survey  was  made,  I  presume,  in  the  summer  of  1814;  but  some 
years  thereafter,  I  saw  by  the  Record  Book,  that  Governor  Edwards 
perfected  the  survey,  and  had  it  recorded  in  the  Recorder’s  Office  of  St. 
Clair  county. 

What  strange  and  mysterious  changes  and  events  will  take  place  with 
individuals  as  well  as  with  nations.  When  I  first  saw  Mr.  Blair,  in  1806, 


CITY  OF  BELLEVILLE. 


11 


he  was  a  very  obscure  and  poor  personage,  living  in  a  small  log  cabin. 
The  fine  steam  mill  of  Mr.  Hinckley  is  erected  on  the  spring  of  water 
which  Mr.  Blair  used  in  his  humble  log  cabin.  And  now  what  a  change 
in  the  log  cabin  and  uncultivated  corn  field  !  The  first  city  in  Southern 
Illinois  now  covers  his  corn  field  and  log  cabin  with  large  and  stately 
buildings.  Himself  being  connected  with  the  city  of  Belleville  is  raised  at 
least  into  notoriety  from  his  former  obscurity. 

A  greater  event  has  occurred  in  the  Mississippi  valley  than  the  above. 
Since  my  residence  in  the  West  this  great  valley  has  been  converted  from 
a  wilderness  to  a  civilized  and  improved  country,  teeming  with  a  happy 
and  prosperous  population.  When  we  first  settled  in  Illinois  scarcely  any 
population  existed  in  the  whole  valley  of  the  West,  except  a  few  people, 
sparsely  settled  in  French  colonies  on  the  Mississippi  and  Wabash  rivers, 
and  some  under  the  drippings  of  the  Alleghany  Mountains  in  Tennessee, 
Kentucky  and  the  North-West  Territory.  But  now  many  millions  of 
people  occupy  the  Western  valley;  and  the  whole  Union  has  grown,  not 
only  in  the  extension  of  settlements,  but  the  population  increased  from 
a  fraction  over  three  millions  in  the  Revolution,  until  the  late  census  of 
the  Republic  amounts  to  thirty-two  millions  of  inhabitants.  No  such 
event  has  ever  occurred  on  the  earth  before  as  the  growth  and  importance 
of  the  United  States,  not  only  in  population,  but  in  all  the  various  branches 
of  business  that  produce  prosperity,  comfort  and  happiness  to  the  human 
family. 

I  will  go  one  step  further  into  the  mysteries  and  unaccountable  events 
that  mark  the  progress  of  civilized  and  Christian  man — and  that  is,  the 
present  civil  war  raging  in  the  United  States,  wherein  nearly  one  million 
of  soldiers  are  enlisted  in  the  different  armies.  No  nation  ever  presented 
such  a  spectacle  as  this.  It  appears  that  Divine  Wisdom,  to  whom  all 
philosophers  and  Christians  bow,  with  that  humiliation  and  devotion  due 
from  the  creature  to  the  Creator,  has  made  the  United  States  his  grand 
theatre  on  which  to  demonstrate  some  human  problems,  of  which  other 
portions  of  the  earth  have  no  conception. 


CHAPTER  IV. 

Mr.  John  Hay  was  the  next  permanent  citizen  of  Belleville  after  the 
proprietor,  Mr.  Blair,  and  remained  in  the  city  until  his  death  in  1843. 
He  was  the  generalissimo  of  the  pen  for  the  whole  county  at  that  day 
(1814,)  as  he  had  been  for  many  years  before  in  Cahokia,  while  the  seat 


12 


THE  HISTORY  OF  THE 


of  justice  was  located  at  that  village.  He  was  the  son  of  Major  Hay,  the 
English  Governor  of  Upper  Canada,  while  the  English  possessed  the 
country  south  of  the  Lakes.  Mr.  Hay  had  received  a  liberal  education, 
and  was  a  classical  scholar.  He  settled  in  Cahokia,  and,  as  a  matter  of 
course  and  necessity,  all  the  offices  that  required  talents,  writing  and 
penmanship  were  bestowed  upon  him.  He  was  the  general  and  undis¬ 
puted  writer  of  wfils  and  contracts,  when  the  parties  had  any  property  ? 
which  was  seldom  the  case.  I  knew  in  those  days  Mr.  Hay’s  wills  by 
heart.  They  were  almost  always  exactly  similar,  and  emanated  from  the 
honesty  of  his  intentions. 

Mr.  Hay  was  never  idle  nor  indolent,  but  worked  while  life  lasted.  He 
was  not  wealthy,  but  he  enjoyed  a  good  degree  of  happiness  in  his  quiet 
home  with  his  wife.  He  raised  a  large  and  respectable  family,  and  died 
as  he  had  lived,  beloved  and  respected  by  all  who  knew  him.  In  his  office 
he  was  kind  and  accommodating.  When  I  would  enter  his  office  in  those 
early  times,  he  would  exclaim,  “ Dod  drot  it,  John  !  What  do  you  want?” 
All  my  friends  called  me  at  that  early  day,  John,  and  nothing  more.  He 
united  himself  with  the  Roman  Catholic  Church,  and  died  in  that  faith, 
praising  God. 

It  was  remarked  in  a  preceding  chapter  that  the  Court  House  was 
contracted  to  be  built  in  Belleville  in  the  summer  of  1814,  and  Etienne 
Pensoneau  erected  it  in  the  centre  of  the  public  square.  This  building 
was  considered  quite  large  for  the  time  and  occasion.  It  was  two  stories 
high,  and  the  Court  Room  below  occupied  the  whole  edifice.  It  was  a 
frame  building,  and  never  received  a  coat  of  paint.  The  upper  story 
contained  the  Jury  Rooms  and  Clerk’s  Offices.  This  Court  House 
remained  in  its  position,  in  the  middle  of  the  public  square,  until  the  brick 
Court  House,  lately  torn  down,  was  finished  in  1833. 

A  Jail  was  built  by  Mr.  Sharp  near  the  spot  where  the  Clerk’s  Office, 
lately  removed,  stood  on  the  public  square.  It  was  the  voice  of  public 
opinion  in  olden  times  that  the  public  square  was  the  place  for  the  public 
buildings,  and  no  where  else.  I  do  not  know  that  the  wisdom  of  the 
present  day  is  any  better.  I  believe  there  is  not,  perhaps,  a  more  tasty, 
elegant  and  beautiful  Court  Room  in  the  State  than  is  contained  in  the 
new  Court  House  in  this  city;  but  it  is  in  the  third  story,  counting  the 
basement,  and  inconvenient  for  people  to  mount  two  flights  of  stairs  to 
enter  this  saloon  of  justice.  The  masses  should  be  accommodated  on  or 
near  Mother  Earth,  without  the  time  and  labor  of  mounting  two  flights  of 
stairs. 

It  was  in  this  Jail  that  William  Bennett  was  confined  before  he  was 


CITY  OF  BELLEVILLE. 


13 


hung  for  the  murder  of  Stuart.  What  solemn  and  awful  feelings  a  human 
being  must  have  on  such  occasions ! 

Mr.  Chapman  erected  the  first  mill  that  appeared  in  or  near  Belleville. 
It  was  a  water  mill,  and  built  in  1814,  on  the  western  side  of  Richland 
Creek,  not  far  above  the  bridge  on  the  road  leading  from  here  to  Waterloo. 
Mr.  Pensoneau  purchased  the  mill ;  but  it  soon  ceased  to  do  any  good, 
for  want  of  water. 

I  believe  it  was  in  the  fall  of  the  year  1814  that  the  Hon.  Jesse  B. 
Thomas  held  Court  in  a  log  house  in  Belleville,  a  few  yards  north  of  the 
house  Mr.  Blair  built  for  his  hotel ;  and  before  his  Honor  I  appeared  for 
about  the  first  time  as  a  lawyer  to  practice  the  profession.  Diffidence  was 
a  chronic  disease  with  me  ;  and  I  never  have  been  able  to  entirely  cast  it 
away  to  the  present  hour.  My  first  effort  to  address  the  Court  was 
exceedingly  painful,  and  the  more  philosophy  I  exerted  to  discard  this 
foolish  sensibility  the  worse  the  effort  made  it. 

Gen.  Henry,  exceedingly  popular  for  his  services  in  the  Blackhawk  war, 
and  the  citizens  of  Springfield,  his  residence,  gave  him  a  party,  but  his 
diffidence  was  so  great  and  obdurate,  that  he  could  not  and  did  not 
appear  in  public  at  the  banquet.  It  is  strange  that  a  man  may  have  the 
courage  to  face  the  messengers  of  death  on  the  battle  field  as  he  would 
the  idle  wind,  yet  he  could  not  conquer  diffidence. 

It  appears  that  Joseph  Kerr  had  the  first  store  of  dry  goods  in  Belle¬ 
ville.  They  were  opened  in  1814,  at  Mr.  Chapman’s  mill.  He  was  a 
brother  of  Matthew  Kerr  of  St.  Louis,  from  whom  he  obtained  his  stock 
of  goods.  Messrs.  Lindle,  Ringgold,  Wilkinson,  Pensoneau,  and  per¬ 
haps  others,  opened  dry  goods  stores  suitable  to  the  times. 

In  the  year  1815,  Mr.  Ruben  Anderson  moved  from  Cahokia  and  settled 
in  Belleville.  He  resided  in  a  small  log  cabin  on  Illinois  street,  not  far 
north  of  Mr.  Blair’s  hotel.  Mr.  Anderson  went  into  the  hotel  business, 
was  soon  elected  constable,  and  served,  perhaps,  as  deputy  sheriff.  He 
possessed  an  active,  spirited  mind,  and  was  an  agreeable  companion  in, 
and  very  fond  of,  social  and  gay  society.  This  fondness  for  the  gay  and 
mirthful  often  predominated  over  his  better  judgment. 


CHAPTER  V. 

PRIMITIVE  INHABITANTS  AND  BUILDINGS  IN  BELLEVILLE. 

The  site  of  Belleville  is  much  changed  since  the  location  of  the  town 
in  1814.  Parts  of  it  are  filled  up  with  earth,  and  other  parts  cut  away. 
A  pond  of  water  occupied  part  of  the  block  south  of  Main  street,  and  be- 


14 


THE  HISTORY  OF  THE 


\ 


tween  High  and  Jackson  streets.  This  sheet  of  water  extended  west  into 
High  street,  covering  the  ground  w’here  the  elegant  building  of  Mr.  S. 
Stookey  now  stands.  This  pond,  after  heavy  rains,  was  seventy  or  eighty 
yards  long,  and  thirty  or  forty  wide.  It  extended  in  a  south-east  direc¬ 
tion  from  the  west  corner  of  the  block.  This  low  ground,  containing  this 
water,  is  now  filled  up,  and  is  one  of  the  most  eligible  blocks  of  the  city. 

James  Tannehill  immigrated  to  Belleville  in  1817,  and  built  the  largest 
house  then  in  town.  This  building  occupied  the  corner  lot  south  of  Main 
street,  and  adjoining  the  public  square  on  the  west,  the  very  spot  on 
which  Mr.  Maus’  hotel  now  stands.  This  pioneer  edifice  was  composed 
of  frame  work  and  hewn  logs,  and  what  is  strange,  the  logs  were  placed 
upon  the  frame  work.  The  main  building  was  two  stories  high,  but  addi¬ 
tions  and  sub-additions  were  made  to  it  until  the  whole  structure  looked  like 
a  French  village.  This  hotel  at  that  time  was  probably  the  largest  in 
southern  Illinois.  It  stood  the  storms  and  tempests,  and  the  moisture  and 
miasma  of  a  backwoods  hotel,  for  a  period  of  forty  years,  and  then  yielded 
to  the  stately  and  elegant  National  Hotel. 

Mr.  Tannehill  was  not  adapted  to  the  profession  of  a  landlord.  He  was 
too  kind  and  easy  with  his  guests,  requiring  them  to  pay  their  bills  only 
when  it  suited  their  convenience.  He  and  family  labored  hard  for  the 
public,  but  they  never  received  any  adequate  compensation  for  it.  He 
was  a  wagon  maker,  and  this  trade,  with  his  hotel,  kept  him  about  even 
with  the  world. 

This  famous  hotel  had  many  landlords.  It  passed  into  the  hands  of 
Judge  Latham  of  Edwardsville,  and  he  had  it  kept  by  Mr.  Garrison  and 
lady.  Judge  Latham  was  a  bachelor,  with  considerable  wealth  for  that 
day.  After  a  while  it  passed  into  the  hands  of  Wm.  Orr,  Esq.,  wherein 
he  died  of  cholera  in  1832.  Mr.  Maus  then  become  proprietor,  and  con¬ 
tinued  in  it,  until  he  erected  his  splendid  house  before  alluded  to. 

Another  hotel  was  erected  by  Daniel  Wise  in  1815,  fronting  on  Main 
street,  a  little  east  of  the  Primm  House.  This  edifice  was  considered  at 
the  time  rather  a  large  building,  and  it  made  a  tolerably  comfortable 
hotel.  At  one  period  Mr.  Bottsford  -was  the  ruling  spirit  of  this  hotel, 
and  gave  general  satisfaction  to  the  public.  The  building  passed  from 
Mr.  Wise  into  the  hands  of  Mr.  Robison,  an  Englishman.  This  gentle¬ 
man  had  no  family.  He  was  a  warm  and  zealous  Roman  Catholic,  and 
gave  the  property  to  that  church.  My  readers  will  be  pleased  when  I  call 
their  attention  to  the  different  passions  which  governed  these  two  men, 
Latham  and  Robison.  I  knew  them  well,  and  can  testify  that  they  pos¬ 
sessed  rather  better  than  ordinary  talents.  Each  was  well  educated.  Mr. 


CITY  OP  BELLEVILLE. 


15 


Robison  was  a  school  teacher,  and  discharged  his  important  duties  to  the 
satisfaction  of  his  employers.  Latham  possessed  in  his  heart  too  much 
gallantry  for  his  landlady,  that  would  lead  any  man  to  ruin  and  death 
if  persisted  in.  The  pure  and  holy  passions  of  Mr.  Robison  chastened 
his  heart,  and  elevated  his  existence  into  elysian  fields  of  bliss  in  this  life, 
with  a  well  founded  hope  of  a  seat  at  the  right  hand  of  God. 

Another  conspicuous  and  permanent  log  house  was  erected  by  Mr. 
Kerr  in  1815,  and  occupied  the  lot  on  which  Mr.  Jacob  Knoeble’s  fine 
brick  hotel  now  stands.  This  famous  edifice  passed  through  many  hands 
and  many  scenes.  In  1844  it  was  removed,  and  the  spacious  Belleville 
House  was  placed  upon  the  ground,  an  ornament  to  the  city.  In  1815, 
Dr.  Estes  purchased  a  residence  a  few  hundred  yards  south  of  the  public 
square,  and  made  some  improvements  upon  it,  and  then  left  the  city.  At 
that  early  day  this  locality  was  considered  out  of  the  suburbs  of  the 
town.  The  city  now  extends  all  around  the  premises.  Mr.  Chandler,  the 
proprietor  of  these  lots,  has  so  improved  them,  that  the  ladies,  at  least, 
would  pronounce  it  a  “sweet  place.” 

In  the  year  1817,  Mr.  Daniel  Murray  emigrated  from  Baltimore  and 
settled  in  Belleville.  This  gentleman,  the  head  of  a  large  and  respectable 
family,  and  they,  with  the  patriarch  at  the  head,  made  quite  an  addition 
to  the  young  town.  Mr.  Murray  purchased  and  erected  a  house  on  the 
lot  in  the  north-east  corner  of  Mr.  Hinckley’s  mill  block.  He  was  a  man 
of  sound,  solid  mind,  and  exemplary  morals.  An  excellent  member  of 
society,  he  and  his  family  gave  weight  and  standing  to  good  morals  and 
correct  principles.  This  family  has  branched  out  from  a  noble  and  worthy 
stock,  and  bids  fair  to  do  honor  to  their  ancestry. 

Under  an  act  of  the  State  legislature  in  1818,  or  1819,  the  town  of 
Belleville  was  incorporated.  Mr.  D.  Murray  was  President  of  the  first  Board 
of  Trustees.  It  will  be  seen  by  this  that  corporations  are  no  new  things 
in  Belleville,  as  the  first  one  is  more  than  forty  years  old. 

John  Murray  came  to  Illinois  with  his  father  when  he  was  eighteen 
years  old,  and  he  has  been  a  continued  and  permanent  resident  of  Belle¬ 
ville  for  more  than  forty-five  years.  He  is  a  prominent  and  efficient  citi¬ 
zen,  and  well  deserves  to  be  styled  one  of  the  fathers  of  Belleville.  He 
has  held  various  offices  of  honor  and  responsibility,  and  has  performed  his 
duties  in  public  and  private  to  the  satisfaction  of  the  community. 


16 


THE  HISTORY  OF  THE 


CHAPTER  VI. 

HARD  TIMES. - BELLEVILLE  STANDS  STILL - DEBTORS,  ETC. 

The  war  with  England  had  exhausted  the  country,  and  the  paper  cur¬ 
rency  throughout  the  nation  was  broken  down  and  become  worthless. 
These  difficulties  in  the  currency,  or  rather  in  the  want  of  currency, 
reached  Illinois  and  Belleville,  as  it  did  all  other  parts  of  the  Union. 
From  1818  to  about  1826,  Belleville  was  almost  stationary,  and  increased 
in  wealth  and  buildings  but  little.  During  part  of  this  time  business  was 
measurably  suspended,  and  weeds  sprouted  and  grew  upon  the  public 
square.  Different  means  were  resorted  to  by  the  legislature  to  free  the 
people  from  embarrassment.  In  these  hard  times  cows  and  calves  sold 
for  five  dollars.  Stay  laws,  bankrupt  acts,  state  banks  and  many  other 
remedies  were  adopted,  but  I  believe  they  injured  more  than  they  bene¬ 
fited  the  people. 

Three  lawyers,  William  Meas,  A.  C.  Stuart  and  Robert  K.  McLaughlin, 
reached  Belleville  about  the  same  time  in  1815,  and  each  erected  a  house 
and  became  a  permanent  resident.  Mr.  Meas  built  a  log  house,  two 
stories  high,  on  Illinois  and  1st  South  street,  in  which  he  lived  and  died. 
Mr.  Stuart  erected  a  frame  house,  two  stories  high,  on  a  lot  purchased 
from  William  Phillips.  This  house  is  still  standing  in  the  south-eastern 
suburbs  of  the  city.  Mr.  McLaughlin  built  a  house  adjoining  the  public 
square,  on  the  site  now  occupied  by  the  residence  of  Mr.  James  Mitchell. 
He  used  it  as  a  hotel,  and  entertained  the  non-resident  lawyers  when 
attending  court.  I  recollect  that  in  the  year  1817,  Judge  Pope  and  the 
Hon.  D.  P.  Cook,  attended  this  term  of  the  court  in  Belleville. 

Mr.  Meas,  at  the  time  he  located  in  Belleville,  was  the  Attorney 
General  of  the  Territory  of  Illinois.  He  was  a  good,  sound  lawyer,  and 
had  a  good  practice,  but  he  never  became  wealthy  by  it.  The  learned 
professions  do  not  obtain  wealth  as  many  other  pursuits  in  business.  Very 
few  lawyers,  preachers  or  doctors,  become  wealthy  by  their  professional 
business.  It  is  speculation  in  the  west  that  has  made  the  active  business 
man  wealthy.  The  rise  of  property — real  estate — has  made  many  princely 
fortunes  in  the  valley  of  the  Mississippi — within  a  few  years  past,  in  the 
cities  of  Chicago,  St.  Louis  and  even  in  Belleville.  I  know  that  it  is 
mainly  by  the  growth  of  the  country,  and  the  increase  in  the  value  of  real 
estate  that  have  made  so  many  men  enter  the  lists  of  millionaires.  A 
scientific,  professional  man,  who  attends  to  his  business,  has  not  the  time, 
nor  inclination,  to  throw  away  his  science  and  literature,  and  enter  the 
arena  of  speculation. 


CITY  OF  BELLEVILLE. 


17 


Belleville  lingered  along  in  poverty  and  log  cabins  for  many  years  after 
its  location.  Mr.  Etienne  Pensoneau,  who  purchased  the  land  on  which 
Belleville  is  built,  from  Mr.  Blair,  possessed  some  wealth,  but  he  did  not 
advance  the  growth  of  the  town  by  it.  He  had  a  small  store  of  dry 
goods,  some  negro  slaves,  the  mill  on  Richland  creek,  and  much  other 
property,  but  he  had  not  the  least  notion  that  the  improvements  of  the 
city  would  advance  his  wealth.  Mr.  P.  was  a  Canadian  Frenchman,  and 
did  not  talk  or  understand  much  of  the  English  language. 

About  the  year  1816,  Mr.  Taylor,  an  eastern  man,  preached  in  the 
court  house,  and  observed  in  his  sermon,  that  there  would  be  two  servants 
in  a  mill — one  would  be  taken  and  the  other  left.  Pensoneau  was 
exceedingly  irritable  and  hasty.  This  expression,  falling  from  an  abolition 
preacher,  put  Pensoneau  in  a  flame.  As  soon  as  the  preacher  descended 
from  the  pulpit,  Mr.  P.  rushed  at  him  with  the  double  tree  of  a  wagon  to 
demolish  him,  believing  it  was  the  intention  of  the  preacher  to  take  one 
of  his  slaves  from  the  mill.  This  affair  made  much  sport  at  the  time. 


CHAPTER  VII. 

PROGRESS  OF  BELLEVILLE. - MEN  AND  HOUSES. 

Governor  Edwards  purchased  out  Belleville  from  Pensoneau,  which 
gave  the  town  its  first  grand  advance.  This  event,  followed  by  the  erection 
of  a  flouring  mill  on  High  street,  (not  far  south  of  Main,)  started  Belleville 
into  existence,  and  it  has  enjoyed  a  steady  growth  from  that  time  to  the 
present. 

No  individual  in  Illinois  was  as  well  calculated  to  start  a  town  into 
existence,  with  the  proper  means  in  its  reach,  as  Governor  Edwards.  He 
was  then  a  private  citizen,  and  possessed  wealth  and  talents,  and  a 
becoming  ambition  to  increase  his  fortune.  He  permitted  no  honorable 
occasion  to  eseape  where  he  could  make  money. 

He  was  a  man  of  fine  talents,  rather  on  the  brilliant  and  showy  order, 
and  was  an  accomplished  orator,  and,  also  a  classical  scholar.  He  never 
abandoned  his  literary  studies  until  the  hour  of  his  death.  Possessing  a 
fine  library,  he  used  his  books  not  for  show  in  a  book  case,  but  for  the 
intrinsic  merit  of  the  works.  He  was  active  and  enterprising  in  politics, 
and  had  many  bitter  enemies  as  all  great  men  have.  The  men  opposed 
to  Governor  Edwards  in  politics  never  gave  him  the  credit  for  talents  and 

merit  that  he  deserved,  in  my  opinion.  I  knew  him  well  from  his  first 
2 


18 


THE  HISTORY  OF  THE 


entrance  into  the  Territory  in  1809,  until  his  death  in  1832,  by  the 
cholera,  and  my  opinion  is  founded  on  the  personal  knowledge  I  had  of 
him. 

In  the  year  1818,  St.  Clair  county,  and  Belleville  itself,  received  several 
wealthy  and  respectable  families  from  Bottetort  county,  Virginia.  This 
acquisition  of  immigrants  added  much  to  the  welfare  of  Belleville,  as  well 
as  to  the  county  at  that  early  day.  Soon  after  their  arrival  in  the  State, 
James  Mitchell,  John  II.  Dennis  and  B.  J.  West,  then  a  youth,  settled  in 
Belleville,  and  they  are  still  living  in  the  city.  Messrs.  Mitchell  and 
West  were  merchants  for  many  years,  and  the  latter  still  continues 
the  business  to  this  day.  Mr.  Mitchell  erected  two  frame  houses,  the  one 
he  lives  in,  and  the  other  occupied  by  Messrs.  West  &  Co.  as  a  store,  which 
fronts  on  the  east  side  of  the  public  square.  They  were  considered  in 
their  youthful  day  about  the  best  houses  in  town. 

Mr.  Mitchell  was  appointed  justice  of  the  peace  in  1821,  and  acted  in 
that  office  and  that  of  postmaster  for  many  years.  Mr.  Dennis  has  been 
engaged  mostly  as  a  teacher,  and  most  of  the  youth  of  this  city,  for  forty 
years,  have  been  taught  by  him.  He  is  now  the  school  commissioner  for 
the  county,  and  he  gives  life,  vigor  and  efficiency,  to  the  whole  free  school 
system.  These  two  gentlemen,  for  their  age,  long  residence  in  Belleville, 
and  for  their  worth  and  merit,  may  be  termed  two  of  the  fathers  of  the 
city. 

About  the  year  1818,  before  Gov.  Edwards  moved  to  Belleville,  he  and 
Mr.  McLaughlin  erected  a  brick  house,  fronting  on  Main  street,  near  the 
place'Vhere  the  brick  house  of  Mr.  Murray  stands  at  present.  About  the 
same  time  three  other  brick  houses  were  built — one  by  Samuel  Crane  on 
High  Street,  where  W.  S.  Thomas  resides — another  by  a  carpenter  named 
Taft,  on  the  spot  which  is  now  occupied  by  the  new  court  house — and  the 
third  by  S.  Hull,  on  High  street,  south  of  Second.  This  venerable  build- 
ing  is  yet  standing,  but  alas,  it  is  deserted,  and  those  who  built  it  have 
ceased  to  live. 

Messrs.  Blackwell,  Hay,  John  Murray,  Wilkinson,  McLauglin,  and  most 
of  the  leading  and  prominent  citizens,  made  up  a  joint  stock  company, 
built  a  house,  and  filled  the  library  with  a  goodly  number  of  books  for  that 
early  day  in  the  west.  This  institution  was  kept  up  for  many  years,  and 
no  doubt  was  of  essential  service  to  those  who  read  and  studied  the  works 
contained  in  the  library. 

In  or  about  the  year  1819,  Messrs.  Wilkinson  A  Ringgold  erected  a  flour¬ 
ing  mill  on  High  street  as  above  stated.  This  mill  was  the  illustrious  prede¬ 
cessor  of  the  famous  flouring  mills,  known  all  over  the  west  as  the  “  Harrison 


CITY  OF  BELLEVILLE. 


19 


mills,”  which  now  stand  on  Main  street  near  Richland  creek.  The 
Harrison  company  have  disposed  of  the  mills,  but  left  their  name 
attached  to  them.  The  original  mill  on  High  street  was  propelled  by 
oxen  walking  on  an  inclined  wheel.  Steam  mills  in  1819  were  not  a 
demonstrated  discovery,  and  many  “tread  mills”  were  found  all  over  the 
country.  I  owned  a  fine  one  in  Illinoistown  before  steam  mills  were 
introduced.  This  tread  mill  on  High  street  was  sold  to  Jacob  Whiteside, 
who  sold  it  to  Thomas  Harrison  and  Sons.  The  Harrison  family  worked 
and  prosecuted  the  manufacture  of  flour  and  the  milling  business,  with  an 
energy  and  sound  practical  judgment  that  have  been  a  great  benefit  to 
the  town  and  country,  and  have  made  the  whole  family  immense  fortunes. 
When  Belleville  was  humble,  weak,  and  the  breath  nearly  out  of  it,  this 
mill  did  it  more  service  than  any  other  institution,  man  or  men,  in  the 
town. 

Not  long  before  1  moved  to  Belleville,  in  1831,  the  Harrisons  had 
abandoned  the  ox  part  of  the  mill,  and  introduced  steam  power.  The 
first  night  we  were  in  Belleville  we  heard  the  puffing  of  the  steam,  and 
were  much  puzzled  to  know  what  it  was. 

In  1818 — 19,  mechanics  began  to  appear  in  the  town,  and  to  make 
livings  for  themselves  by  their  trade.  Smith  and  Small  were  blacksmiths, 
and  commenced  business.  With  Mr.  Small,  Mr.  Conrad  Bornman,  then  a 
young  man,  came  to  Belleville,  and  has  resided  in,  or  near  it,  where  he 
now  resides,  ever  since.  I  never  saw  a  more  marked  case  of  success  with 
any  man,  by  a  prudent,  wise,  and  honest  course  of  life,  than  is  presented 
by  Mr.  Bornman.  He  was  then  a  stranger  from  Germany,  and  could 
scarcely  speak  the  English  language,  and  without  money  or  friends.  He 
abandoned  the  blacksmith  trade,  and  learned  the  trade  of  making  and 
laying  brick.  He  is  now  wealthy,  and  possesses  a  high  standing  for 
probity  and  honesty  wherever  he  is  known. 

Mr.  Bornman  was  the  first  German  who  settled  in  Belleville  so  far  as  I 
know,  and  deserves  and  receives  commendation  for  his  irreproachable 
character. 

About  the  years  1826 — 7 — 8,  the  country  began  to  increase  in  num¬ 
bers,  and  to  be  developed.  Belleville  grew  in  proportion  to  the  country, 
and  has  been  growing  every  year  since. 

CHAPTER  VIII. 

HEALTH  OF  BELLEVILLE - IMPROVEMENTS - IMMIGRATION - BITUMINOUS  COAL. 

There  can  be  nothing  more  important  than  the  health  of  a  place  where 
any  person  may  reside.  I  have  often  expressed  it  that  a  person  knowing 


*20 


THE  HISTORY  OF  THE 


the  facts,  and  bringing  his  family  into  a  sickly  country,  commits  a  great 
sin.  The  mind  and  body  are  enfeebled  and  made  weak  by  a  sickly 
climate,  while  the  reverse  is  true  of  those  born  and  reared  in  a  healthy 
atmosphere.  In  early  times  the  whole  state  of  Illinois  was  more  or  less 
subject  to  bilious  diseases.  The  strong,  rank  vegetation  being  removed, 
and  the  soil  well  cultivated,  a  purer  and  healthier  atmosphere  has  been 
created.  The  high  grass  and  weeds  do  not  appear  any  where  as  they  did 
in  pioneer  times.  The  decomposition  of  this  excess  of  vegetation  in 
former  times  rendered  the  atmosphere  impure  and  injurious  to  health; 
whereas  there  is  no  strong  and  heavy  vegetation  like  that  in  early  times. 
The  lakes  and  swamps  in  the  river  and  creek  bottoms  are  being  filled  up 
with  earth,  and  becoming  dry  ground  and  healthy.  This  at  least  is  the 
common  way  to  account  for  the  change  from  the  chills  and  fevers  of  the 
fall  season  to  good  health. 

It  is  true  that  the  State  is  at  this  time  one  of  the  most  healthy  in  the 
Union,  and  the  city  of  Belleville  enjoys  as  much  health  as  any  city  in 
America.  This  city  is  not  annoyed  by  lakes  or  swamps  near  it,  and  the 
atmosphere  must  be  good  and  pure,  as  there  are  no  causes  to  produce  the 
contrary  result.  The  annoying  insects  known  as  musquitoes  never  trouble 
the  people  here. 

Belleville  is  located,  as  has  been  stated,  on  the  high  lands  about 
equi-distant  from  the  Mississippi  and  Kaskaskia  rivers,  about  fourteen 
miles  from  either.  The  well  water  is  pure  and  limpid.  The  wells  are 
usually  eighteen  or  twenty  feet  deep,  and  at  the  bottom  is  generally 
found  a  limestone  rock.  I  do  not  believe  any  country  affords  better 
water  than  the  State  of  Illinois,  (except  mountainous  countries,)  and 
this  city  is  not  behind  any  other  section  of  the  State  in  the  abundance  of 
pure,  excellent  water. 

The  blacksmiths,  Smith,  Small  and  others,  were  the  first  to  use  bitu¬ 
minous  coal  in  their  shops,  and  discovered  it  first  in  High  Prairie,  six  or 
seven  miles  south  of  Belleville.  The  first  regular  coal  mine  was  opened 
by  William  Fowler  in  1825,  and  he  found  a  ready  sale  for  it  in  the  city 
for  fuel.  This  mine  was  opened  south  of  Belleville,  in  the  bluff,  where 
Richland  creek  strikes  the  high  lands  and  makes  a  sharp  curve  to  the 
left.  Since  this  mine  was  opened,  it  has  been  discovered  that  the  whole 
southern  part  of  the  State  is  a  coal  field,  and  in  and  around  this  city  the 
article  may  be  found  any  where  by  sinking  a  shaft  to  it.  Frequently 
three  different  strata  are  found  one  over  the  other,  and  the  lowest  the  best 
coal,  and  often  eighty  or  one  hundred  feet  below  the  surface  of  the  earth. 

Belleville  stands  above  a  coal  mine,  and  the  article  may  be  found  any 


CITY  OF  BELLEVILLE. 


21 


place  by  digging  for  it.  After  the  rich  and  fertile  soil  which  surrounds 
the  city,  and  our  proverbially  good  health,  stone  coal  is  the  next  item 
of  valuable  interest  and  commercial  importance.  No  one  element  will 
advance  the  solid  and  permanent  interests  of  a  city  more  than  the  article 
of  coal.  I  saw  in  England  that  coal  was  essential  to  the  improvement 
and  prosperity  of  the  country,  and  it  is  so  in  this  country.  Stone  coal  is 
the  very  soul  and  life  of  manufactures,  and  with  this  powerful  engine  of 
prosperity,  Belleville  is  destined  to  remain  the  largest  city  in  Southern 
Illinois. 

In  connection  with  the  speedy  growth  of  the  city,  the  McAdamized 
road  and  the  railroad  have  performed  great  and  important  service.  These 
two  speedy  and  cheap  communications  with  the  Mississippi  and  St.  Louis, 
have  placed  this  city  for  business  purposes  on  the  bank  of  the  river. 
These  two  roads  arc  checks  to  one  another,  and  wagons  or  cars  can  be 
used  at  the  pleasure  of  the  public.  I  am  informed  that  no  railroad  in 
America  is  better  stock  than  the  Belleville  road,  and  that  the  turnpike 
pays  a  reasonable  dividend  on  its  capital  stock.  Flour  can  be  conveyed 
from  Belleville  to  the  river  about  as  cheap  and  speedy  as  it  can  be  trans¬ 
ported  from  the  mills  in  the  western  suburbs  of  St.  Louis  to  the  levee. 

While  on  the  subject  of  roads  I  must  mention  the  plank  roads — one 
leading  to  Freeburg,  seven  miles — one  to  Mascoutah,  ten  miles,  and  one  to 
Shiloh,  five  miles.  These  roads  have  already  been  of  great  service  to 
the  country  and  city. 


CHAPTER  IX. 

PROFESSIONAL  MEN  IN  BELLEVILLE. 

I  believe  worthy  and  respectable  gentlemen  of  the  learned  professions 
give  a  community  an  elevated  character  and  high  standing  that  add  much 
to  the  prosperity  and  general  welfare  of  the  country.  To  become  great 
and  eminent  in  the  profession  of  the  law  requires  much  study  and  labor. 
The  student  of  law,  to  become  profound,  must  enter  the  field  of  science 
and  literature,  and  become  a  thorough  scholar.  It  is  nonsense  for  any 
man  to  attempt  to  become  great  and  learned  in  the  science  of  the  law 
unless  he  has  good  talents  and  remains  steadfast  in  his  profession  and 
labors  hard. 

As  already  stated,  Messrs.  Mears,  McLaughlin  and  A.  C.  Stuart  were 
the  first  lawyers  who  located  in  Belleville.  Mr.  Stuart  was  a  man  of 
genius,  talents  and  learning,  but  he  came  to  an  untimely  death  by  indulg- 


22 


THE  HISTORY  OF  THE 


ing  too  much  in  social  and  wild  society.  The  public  regretted  his  loss, 
and  his  family  were  left  to  buffet  the  world  without  a  father. 

Mr.  Mears  was  a  well  read  lawyer.  Gov.  Edwards  appointed  him  Attor¬ 
ney  General  of  the  Territory  of  Illinois,  and  he  made  an  excellent  officer 
to  prosecute  offenses.  He  died  poor,  in  1826. 

Mr.  McLaughlin  did  not  practice  law  a  great  while,  but  turned  his  atten¬ 
tion  to  merchandizing.  He  was  once  clerk  of  the  county  court.  In  a  few 
years  he  moved  to  V andalia,  where  he  still  resides. 

David  Blackwell  became  a  resident  lawyer  in  Belleville  in  1819,  and 
remained  here  until  his  death.  He  was  a  good,  sound  lawyer,  and  prac¬ 
ticed  his  profession  exclusively.  He  edited  a  paper  at  the  seat  of  govern¬ 
ment,  Vandalia,  but  returned  to  Belleville,  where  he  died.  He  was  an 
honest,  correct  man,  and  opposed  the  introduction  of  slavery  into  the  State. 

J.  W.  Whitney  and  John  Turney,  Esqs.,  resided  in  Belleville  for 
some  time.  I  think  Mr.  Whitney  came  to  the  town  in  1816,  and  Mr. 
Turney  shortly  afterwards.  The  former  moved  to  Pike  county,  and  died 
not  long  ago;  he  was  familiarly  known  as  “My  Lord  Coke.”  The  latter 
moved  to  Galena,  and  was  a  member  of  the  Legislature  in  1826,  at  Van¬ 
dalia  ;  he  was  a  good  lawyer,  and  an  agreeable  man ;  he  died  while  he 
was  quite  a  young  man. 

Adam  W.  Snyder,  Esq.,  moved  to  Belleville  in  the  year  1825,  and  was 
a  resident  of  the  town  for  many  years.  He  built  an  elegant  brick  house ; 
he  occupied,  at  that  time,  a  whole  square,  fronting  on  Spring  and  First 
North  streets.  At  the  time  this  house  was  erected,  in  1835,  I  presume  it 
was  the  best  house  in  town.  Mr.  Snyder  was  not  only  a  popular  lawyer, 
but  much  of  his  life  was  spent  in  public  employment.  He  was  a  man  of 
genius  and  talents,  and  possessed  exceedingly  popular  manners.  He 
remained  in  friendly  fellowship  with  the  jurors,  who  nearly  always  set  it 
down  that  he  was  right  in  his  address  to  them.  He  was  elected  to  the 
General  Assembly  often,  and  to  Congress.  He  was  always  a  Democrat, 
and  was  a  candidate  for  Governor  when  he  died,  and  would,  no  doubt, 
have  been  elected  had  he  lived. 

Non-resident  lawyers  attended  Belleville  in  great  numbers.  Col.  Benton^ 
Judge  Pope,  Daniel  P.  Cook,  E.  K.  Kane,  Thomas  Reynolds,  Sidney 
Breese,  Starr,  Winchester,  myself,  and  perhaps  others  I  may  have  forgot¬ 
ten.  St.  Louis  furnished  many  talented  and  eminent  lawyers,  among  them 
Col.  Rufus  Eaton,  Edward  and  C.  S.  Hempstead,  J.  W.  Peck,  U.  S.  Judge, 
David  Barton,  and  his  brother  Joshua,  Lucas  and  McGinnis,  and  perhaps 
others,  whom  I  do  not  recollect. 

The  Belleville  bar,  in  olden  times,  was  the  strongest  in  all  the  western 


CITY  OF  BELLEVILLE. 


28 


valley,  taking  into  consideration  the  talents  and  the  great  number  of 
members.  I  give  the  names  of  the  bar  here,  that  the  present  generation 
may  look  back  with  honest  pride  to  the  Belleville  bar,  in  the  times  which 
never  can  return :  Hon.  Jesse  B.  Thomas,  and  Hon.  William  Sprigg,  TJ.  S. 
Judges  for  the  Territory — one  or  the  other  presided  in  the  courts,  and  the 
bar  was  composed,  at  different  sessions  of  the  court,  of  Col.  Benton,  David 
Barton,  Gov.  Edwards,  Judge  Pope,  Hon.  E.  K.  Kane,  Hon.  Daniel  P.  Cook, 
Mr.  Lucas,  Hon.  Thos.  Reynolds,  Hon.  Sidney  Breese,  Hon.  A.  W.  Snyder, 
Col.  Rufus  Eaton,  Judge  Peck  of  Missouri,  Starr,  Blackwell,  Edward 
Hempstead,  and  C.  S.  Hempstead  of  Galena.  I  was  an  humble  member 
of  the  Belleville  bar  until  1818,  when  I  presided  as  Judge  until 
1824.  A  great  many  of  the  above  names  became  so  famous  and  well 
known,  that  they  were  like  household  words — on  the  tongue  of  everv  one. 

The  human  frame  is  created  with  such  wonderful  nicety  and  complexity, 
that  imprudent  actions  will  injure  us,  and  the  mudsills  of  our  existence 
give  way — then  we  take  our  flight  to  the  spirit  world ;  but  so  long  as  our 
abode  is  on  this  mundane  sphere,  our  afflictions  require  at  times  medical 
skill.  More  that  two  thousand  years  ago  we  read  that  the  Greek  nation 
had  an  Esculapius  to  administer  to  the  infirmities  of  the  body.  All  man¬ 
kind,  civilized  or  savage,  intelligent  or  ignorant,  from  the  time  of  the 
Greek  physician  to  the  present  time,  in  the  small  town  of  Belleville  will 
be  found  with  the  medical  profession  among  them. 

Dr.  Estes  was  the  first  physician  that  settled  in  this  town,  at  the  time 
and  place  above  stated,  and  practiced  his  profession  while  he  remained 
here.  He  had  a  strong  mind,  but  it  was  not  properly  balanced. 

Dr.  Schogg  appeared  in  Belleville  about  this  time.  He  was  a  noxious 
vapor,  shedding  light  and  darkness  so  close  to  each  other,  that  he  put  the 
whole  town  into  an  uproar.  He  had  two  shooting  matches,  using  pistols, 
with  two  individuals,  and  their  targets  were  their  own  bodies.  The  com¬ 
bats  arose  from  the  same  cause  wherein  Troy  was  destroyed. 

Dr.  Jos.  Green  made  this  town  his  residence  about  this  important  period 
of  the  doctors,  and  he  was  the  reverse  of  belligerent  life.  He  was  well 
read,  and  an  excellent  physician,  only  he  was  too  slow  in  approaching  his 
patients’  bedside.  He  was  a  humane  man,  and  would  frequently  get  down 
off  his  horse  and  lead  the  animal,  to  rest  him.  He  feared  his  own  weight 
would  oppress  the  horse. 

Dr.  Wm.  G.  Goforth  located  in  this  town  about  1816  or  1817,  and  after 
a  mixed  and  singular  life,  died  in  it  in  1835.  This  son  of  Esculapius  was 
a  singular  species  of  humanity,  taking  either  into  view,  his  mind  or  his 
body.  He  looked  and  acted  like  no  one  else ;  nevertheless,  he  was  my 


24 


THE  HISTORY  OF  THE 


physician  amongst  all  the  literary  and  scientific  doctors.  He  cured  me, 
and  that  was  all  I  desired.  He  cast  away  his  books  and  depended  mainly 
on  his  efforts  in  the  practice.  His  perception  of  the  patient,  feeling  the 
pulse,  seeing  the  tongue,  decided  the  case,  and  the  subsequent  treatment 
was  quick  as  thought. 

The  clergymen  in  olden  times  were  like  angels  visits,  “  few  and  far 
between.”  The  Roman  Catholic  congregation  in  this  town,  in  ’36,  erected 
a  large  and  substantial  church,  located  in  the  south-west  part  of  the  city; 
officiating  ministry  are  well  sustained  in  this  diocese.  A  large  and  excel¬ 
lent  organ  is  used  in  this  church,  and  the  congregation  is  large. 

A  small  Methodist  church  was  erected  in  1830,  and  the  new  Methodist 
church  in  the  year  1847.  This  last  named  edifice  is  large,  comfortable, 
and  well  adapted  for  the  house  of  God. 

The  Baptist  Society  has  erected  a  neat,  handsome,  but  small  church,  on 
Main,  near  Jackson  street. 

Another  elegant  and  well-ordered  church  building  stands  on  Jackson 
street,  not  far  from  Second  South  street.  A  venerable  church  was  erected 
many  years  ago,  and  is  located  in  the  north-west  suburbs  of  Belleville.  A 
fine,  new  church  is  located  on  Second  North  street,  and  near  Spring  street. 
The  last  named  edifice  is  made  and  finished  in  tasty  style,  and  reflects 
credit  on  all  concerned  in  this  good  and  praiseworthy  work.  Mankind 
cannot  pass,  with  any  degree  of  happiness,  through  this  vale  of  tears, 
without  some  philosophic  religion,  virtue,  civilization,  and  all  the  Christian 
blessings.  We  should  relapse  into  the  savage  state,  or  barbarism,  were  we 
not  sustained  by  the  law  of  “  Love  thy  neighbor  as  thyself.” 

Rev.  Mr.  Oglesby  visited  this  town,  and  preached  in  it,  in  early  times. 
Or.  Casad  has  officiated  as  a  clergyman  in  Belleville  in  pioneer  times. 
Gov.  Kinney  has  also  preached  in  this  new  town.  About  the  year  1821, 
Dr.  J.  M.  Peck  preached  at  times  in  this  new  county  seat.  About  the 
year  1819,  Rev.  Mr.  Edmonds  was  established  in  Belleville  as  a  permanent 
local  preacher;  ever  since, Belleville  has  been  a  station  with  the  Methodist 
church. 


CHAPTER  X. 

PEOPLE - STORES - HOTELS —  BEER. 

All  the  benefits,  blessings  and  advantages  presented  in  the  preceding 
pages,  induced  a  hardy  and  enterprising  race  of  men  to  locate  and  settle 
in  Belleville.  During  many  years  past,  and  now,  the  city,  West  and  North 


CITY  OF  BELLEVILLE. 


25 


Belleville,  and  all  the  surrounding  suburbs,  would,  I  presume,  amount  to 
ten  thousand  inhabitants ;  and,  I  believe  there  is  no  city  in  the  universe 
where  the  people,  for  the  same  number,  labor  more,  and  use  more  energy 
to  make  a  living,  than  they  do  in  Belleville.  In  many  other  places  in  the 
Union,  more  lazy  and  idle  people  will  be  seen  than  in  this  city. 

With  this  labor,  energy,  and  consequent  wealth,  the  public  sustains 
about  thirty-five  stores,  of  all  descriptions,  including  dry  goods,  hardware, 
millinery,  and  groceries.  It  is  estimated  that  these  stores  do  a  business 
to  the  Amount  of  four  hundred  thousand  dollars  per  annum,  when  the 
ordinary  business  is  not  interrupted  by  the  war.  There  are  three  drug 
stores  which  do  an  annual  business,  in  common  years,  to  the  amount 
of  fifteen  thousand  dollars.  Many  of  the  dry  goods  stores  are  beautiful 
and  truly  fascinating.  Very  few  stores  in  any  city  can  surpass  those  in 
Belleville,  and  the  goods  themselves  are  worthy  of  all  commendation. 
But  when  it  is  known  that  annually  four  hundred  thousand  dollars  worth 
is  sold  at  these  stores,  it  will  establish  the  fact  that  the  city  and  country 
liberally  patronize  the  merchants  of  this  city,  and  it  is  hoped  both  parties 
will  be  benefited  by  these  commercial  relations. 

There  are  four  well  established  and  profitable  lumber  yards  in  Belleville, 
and  the  country  and  town  are  abundantly  supplied  with  the  finest  lumber 
and  shingles  that  any  country  can  produce.  The  wealthy  farmers  who 
are  increasing  the  cultivated  lands,  make  plank  fencing,  and  they  mostly 
call  on  the  lumber  merchants  of  this  city  for  the  supply.  It  is  estimated 
the  amount  of  lumber  in  all  the  yards  annually  would  be  one  hundred 
thousand  dollars,  and  the  sale  of  plank  seventy-five  thousand  dollars. 

The  hotels  m  this  city  are  comfortable  and  substantial  buildings,  and 
well  calculated  to  accommodate  the  public.  They  are  numerous,  and  still 
increasing.  Boarding  houses  are  also  numerous  and  well  constituted.  In 
the  city  of  Belleville  about  twenty  business  and  efficient  hotels  are  kept  in 
a  plain,  comfortable  manner,  suited  to  the  traveling  public,  and  others  who 
may  give  them  their  patronage.  About  fifteen  are  in  operation  on  Main 
street,  and  the  buildings  employed  are  generally  fine  brick  houses,  many 
of  them  three  stories  high,  well  finished  and  furnished.  The  other  public 
houses  are  erected  in  other  parts  of  the  city  and  West  Belleville,  and 
conduct  about  the  same  class  of  houses  as  their  neighbors  do.  About 
half  the  hotels  on  Main  street  are  conducted  in  fine  three-story  brick 
houses,  and  Mr.  Maus  has  erected  an  elegant  newT  hotel  house  four  stories 
high.  The  amount  of  stock  employed  in  all  these  hotels  would  be  about 
one  hundred  thousand  dollars,  and  the  business  annually  about  the  same. 
The  long  established  and  successful  house  recently  opened  by  Mr.  Ellis, 


26 


THE  HISTORY  OF  THE 


and  formerly  occupied  by  Mr.  Primm,  stands  on  the  corner  of  Spring  and 
First  South  streets,  and  is  at  present  in  complete  and  successful  operation. 

The  competition  amongst  the  hotels,  like  all  other  business,  keeps  the 
whole  community  of  public  houses  down  to  the  proper  standard  as  to 
price  aud  accommodation.  The  most  powerful  regulator  of  human 
actions  is  competition. 

The  ale  and  beer  of  Belleville  are  known  all  over  the  West,  and  are 
drank  on  and  near  the  Mississippi  from  St.  Anthony’s  Falls  to  the  Gulf  of 
Mexico.  I  presume  that  no  city  in  America,  with  the  same  population 
as  Belleville,  can  equal  the  capacities  of  the  breweries  in  this  city,  and 
also  the  excellent  quality  of  beer  and  ale  manufactured  in  them.  The 
greater  portion  of  the  ale  manufactured  in  this  city  is  shipped  ordinarily 
to  the  Southern  market.  The  following  table  of  the  ale  and  beer  made  in 
this  city,  yearly,  is  true  and  correct : 


Simon  Eimer .  8,000  bbls. 

Neu  &  Ginz .  6,000  “ 

John  Klug .  4,000  “ 

NenhofF .  3,000  “ 

Stolezle .  3,500  “ 

Hebberer .  2,500  “ 

Schuchman .  2,000  “ 

Priester  &  Fillinger .  1,500  “ 


Total . 30,500  bbls. 


The  above  table  presents  the  truth  of  the  manufacture  of  one  article  in 
this  city,  which  would  be  beyond  belief  if  the  facts  were  not  authenticated 
by  those  conversant  with  the  subject.  The  above  article  of  beer  alone 
will  go  far  to  satisfy  any  intelligent,  impartial  mind,  that  the  country 
possesses  great  resources  in  hops,  barley  and  other  ingredients  in  the 
manufacture  of  beer;  and  the  city  itself  must  be  a  place  of  energy, 
business  habits  and  intelligence  in  the  science  of  brewing,  or  the  above 
amount  of  beer  could  not  be  produced. 

Mr.  Eimer  came  to  the  city  in  1844,  and  was  not  wealthy  at  the  time ; 
but  his  sound  judgment  and  business  habits  in  the  manufacture  of  ale  and 
beer  have  rendered  him  one  of  the  largest  operators  west  of  the  Alleghany 
Mountains.  His  large  field  of  operation  was  in  the  South  ;  and  at  present 
his  ample  means  of  business,  also  his  energy  and  talents,  are  suspended 
until  the  country  is  clear  of  its  present  embarrassment.  His  brewery  is 
the  largest  in  the  Mississippi  valley.  It  is  called  the  “  Washington 
Brewery,”  and,  with  Mr.  Eimer’s  residence,  covers  about  half  a  block, 
fronting  on  Richland,  and  bounded  on  the  north  and  south  by  Second  and 


CITY  OF  BELLEVILLE. 


21 


Third  South  streets.  Steam  propels  all  the  machinery  of  the  factory,  and 
almost  everything  that  moves  in  the  building.  His  beer  cellars  are  two 
stories  down,  and  when  any  one  descends  into  “the  lower  depths,”  it  is 
somewhat  like  he  had  left  the  mundane  world.  Mr.  Barkley  was  called 
the  great  beer  man  of  London,  and  I  think  Mr.  Eimer  is  entitled  to  be 
called  the  Barkley  of  Belleville. 


CHAPTER  XI. 

MILLS,  SHOPS  AND  STABLES. 

The  mechanics  and  shops  are  efficient  in  Belleville.  There  are  in  the 
city  twenty-five  blacksmiths,  including  locksmiths  and  gunsmith.  The 
business  of  a  blacksmith  is  essential  to  the  well-being  of  society,  and 
without  them  society  and  civilization  could  not  exist.  Moreover,  the 
manufacture  of  iron,  and  the  skillful  work  in  it,  is  the  best  evidence  of  the 
advance  of  intelligence  and  reformation  from  the  savage  and  barbarous 
state.  The  Indians  of  North  America  had  no  iron  tools  when  Columbus 
discovered  the  country.  The  Aztec  natives  of  Mexico  used  copper  to 
some  small  extent  for  tools. 

There  are  in  Belleville  seven  regular  carpenter  shops,  and  perhaps 
several  more.  An  intelligent  mechanic  thinks,  in  ordinary  times,  the 
amount  of  work  performed  in  all  these  shops  would  amount,  annually,  to 
two  hundred  and  thirty  thousand  dollars.  It  must  be  recollected  that 
some  of  the  carpentering  in  Belleville  is  for  the  country. 

There  are  in  Belleville  about  twenty-five  boot  and  shoe  shops,  and  the 
same  number  of  tailor  shops.  It  is  astonishing  to  know  the  great  amount 
of  boots  and  shoes  made  and  sold  here.  The  tailors  are  also  busily 
engaged,  night  and  day,  to  accommodate  their  customers.  The  country 
depends  much  upon  the  city  mechanics  for  their  boots,  shoes  and  clothes. 

Belleville  contains  about  eight  saddler  shops  and  two  book  binderies ; 
also  four  printing  presses,  two  American  and  two  German;  also  two 
factories  of  soda  water  and  two  of  candy. 

There  are  in  Belleville  about  thirteen  wagon  shops  and  three  carriage 
manufactories.  Wagons  are  manufactured  in  great  numbers  here  for  the 
surrounding  country,  hundreds  of  miles  back  in  the  interior.  The  amount 
of  money  derived  from  the  sale  of  wagons  and  carriages  is  enormous — the 
latter  alone  bringing  twenty  thousand  dollars  annually. 

Three  very  extensive  factories  for  the  manufacture  of  agricultural 
implements  are  constantly  in  motion.  The  amount  of  these  implements 


28 


THE  HISTORY  OF  THE 


sold  annually  reach  the  sum  of  three  hundred  thousand  dollars ;  and  the 
implements  manufactured  at  other  places,  and  sold  here,  will  raise  the 
sum  to  one  hundred  thousand  more.  Two  iron  and  brass  founderies  are 
kept  constantly  employed  on  these  machines,  and  on  such  other  work  as 
the  city  and  country  demand. 

Four  large  malt  factories  are  doing  a  flourishing  business,  selling  about 
fifty  thousand  dollars’  worth  of  malt  yearly. 

There  are  three  door  and  sash  factories,  doing  a  business  of  about  sixty 
thousand  dollars  annually,  and  one  furniture  manufactory,  doing  a  large 
business.  One  tannery  tans  a  large  amount  of  leather. 

Three  large  distilleries  are  running  day  and  night,  converting  enormous 
quantities  of  corn  and  rye  into  whisky. 

The  revenue  of  the  meat  market  for  the  city  amounts  to  a  large  sum, 
besides  the  quantity  slaughtered  here  and  sold  in  foreign  markets. 

A  woolen  factory  stands  in  the  suburbs  of  Belleville.  It  is  a  neat 
establishment,  and  has  done  a  profitable  business  for  the  owner,  John 
Winter.  This  woolen  cloth  factory  should  be  the  entering  wedge  to  the 
erection  of  a  cotton  cloth  factory. 

A  gas  factory  is  established  in  the  city  of  Belleville  that  has  done  much 
for  the  benefit  and  comfort  of  the  citizens.  Most  of  the  public  streets  are 
furnished  with  gas  light,  and  also  many  of  the  private  houses. 

A  cotton  yarn  factory,  together  with  cotton  cloth  for  shirtings  and 
ordinary  uses,  would  be  a  profitable  investment,  and  would  also  do  the 
country  and  city  much  service. 

Belleville  is  eminently  calculated  to  become  a  great  manufacturing  city  ; 
and,  in  a  few  years,  when  the  country  is  again  in  its  old  channel  of 
prosperity,  the  interests  of  intelligent  and  talented  men  will  see  that  this 
city  is  the  best  point  in  the  Western  valley  for  a  cotton  cloth  and  yarn 
factory.  The  health  is  good ;  provisions  cheap  and  good ;  a  free  State, 
and  the  morals  of  the  people  not  bad ;  churches  and  religion  available 
when  called  for ;  and  why  not  more  profitable  to  establish  a  cotton  cloth 
factory  in  Belleville  than  in  Lowell,  or  in  any  of  the  New  England  States. 
The  cost  of  transportation  of  the  raw  cotton  to  the  Eastern  States,  and 
back  again  manufactured,  would  amount  to  a  large  sum;  and  all  would  be 
saved  by  manufacturing  the  cotton  goods  where  they  will  at  last  be  sold. 
There  is  no  power  of  mechanism  or  machinery  in  the  East  that  we  in 
Belleville  do  not  possess.  The  factory  hands — men,  women,  and  children, 
if  necessary — can  be  transported  to  this  city,  both  cheap  and  speedy,  so 
that  the  cost  of  conveyance  would  be  trifling.  If  the  Yankee  people  have 
the  acumen  to  make  money  that  they  are  represented  to  possess,  they  will 


.  CITY  OF  BELLEVILLE. 


29 


be  out  here,  armed  and  equipped,  not  for  war,  but  to  make  the  number  of 
cotton  cloth  factories  that  the  country  may  require,  when  peace  is  again 
restored. 

We 'have  three  complete  livery  stables,  and  two  of  them,  Messrs. 
Stookey’s  and  Bouquet’s,  have  had  a  long  and  successful  existence.  The 
other  stable,  Mr.  Davidson’s,  has  only  recently  been  established. 

I  will  take  this  occasion  to  say  to  the  public,  that  horse  dealing  and 
horse  commerce  are  conducted  at  these  stables  to  some  extent,  and  the 
people  having  horses  to  sell  may  find  a  market  at  them.  The  stables  of 
Messrs.  Stookey  and  Davidson  are  located  on  High  and  First  South  street, 
and  that  of  Mr.  Bouquet  is  on  Illinois  street,  between  First  and  Second  North, 
The  amount  of  money  invested  in  these  stables,  including  horses,  car¬ 
riages,  &c.,  would  be  about  sixty  thousand  dollars,  and  the  business  done 
would  be  about  the  same  per  year. 

In  ordinary  years  a  great  quantity  of  brick  was  made  in  this  city, 
and  put  up  into  buildings.  The  bricklayers  and  stone  masons  form  a 
numerous  and  respectable  community. 

There  are  in  this  town  four  steam  flouring  mills,  and  the  amount 
passing  through  their  hands  annually  is  six  hundred  thousand  dollars. 
Mr.  Hinckly  will  manufacture  yearly  about  seventy  thousand  barrels ;  Mr. 
Whitmore,  one  hundred  thousand,  and  Mr.  Reis  four  hundred  and  fifty 
thousand.  Wheat  is  the  staple  article  with  the  farmers  of  Illinois,  and  it 
requires  a  number  of  mills  to  grind  it. 

The  Harrison  mills  stand  on  the  west  end  of  Main  street,  and  have 
made  the  first  proprietors  a  fortune.  This  mill  is  the  legal  heir  of  the  ox 
mill  of  Wilkison  and  Ringgold,  erected  in  1819,  and  was  a  treadmill  on 
an  inclined  wheel.  This  mill  gave  a  start  to  the  town  of  Belleville,  and 
it  has  continued  to  do  good  to  the  proprietors  and  the  public  from  that 
day  to  the  present.  It  is  hoped  it  may  remain  long  in  the  land,  shedding 
bread  all  around  it. 

Richard  Rapier  came  to  Belleville,  with  three  hundred  barrels  of 
whiskey  in  1821,  and  died  here  in  1850.  Among  other  things,  this 
eocentric  man  built  a  steam  flouring  mill,  over  the  spring  of  George  Blair, 
and  sold  it. 

Mr.  R.  Hinckley  has  erected  one  of  the  finest  mills  in  Illinois,  adjoining 
the  Rapier  Mill.  The  new  mill  has  in  it  five  run  of  burrs,  and  can 
manufacture,  in  a  year,  seventy  thousand  barrels  of  flour. 

Maguire  &  Co.  erected  an  excellent  mill  on  the  eastern  limits  of  the  city 
that  acts  well  its  part. 

On  the  east  end  of  Main  street  Mr.  Meister  has  built  a  small  steam 
flouring  mill,  and  the  gearing  is  leather  bands. 


30 


THE  HISTORY  OF  THE 


CHAPTER  XII. 

BANKS,  NEW  COURT  HOUSE,  MINES,  RAILROADS,  SCHOOLS,  ROADS  AND 

VINEYARDS. 

There  are  two  banks  in  Belleville,  and  they  are  considered  safe,  solvent 
institutions.  Mr.  Hinckley’s  is  of  long  standing,  and  has  weathered  all 
financial  storms,  as  yet.  The  other  bank  is  younger,  but  seems  to  be 
strong  and  vigorous. 

The  new  Court  House  in  Belleville  is  perhaps  equal  to  any  other  in  the 
State,  except  that  at  Chicago,  and  it  may  not  be  inferior  to  that  of  the 
“Lake  City.’’  This  new  edifice  is  beautifully  situated  on  a  lot,  fronting 
south  of  the  public  square,  and  is  built  two  lofty  stories  high,  besides  the 
basement.  It  is  roofed  with  iron  and  copper,  and  the  floors  spread  with 
slabs  of  cut  rocks,  from  Europe,  so  that  the  whole  is  considered  positively 
fire-proof.  The  joists  and  stairs  of  the  building  are  made  of  iron.  The  size 
and  proportions  of  this  grand  temple  of  Justice  accords  with  the  age  and  the 
advance  of  civilization.  It  is  constructed  grand  and  magnificent,  in  due  re¬ 
spect  to  the  march  towards  human  perfection,  and  is  well  adapted  to  repre¬ 
sent  the  best  county  in  the  State.  It  is  erected  for  use  and  ornament,  sub¬ 
stantial  and  beautiful,  and  has  succeeded  in  both  designs.  The  basement  story 
is  solid,  composed  of  strong  rock  walls,  more  like  a  prison  than  a  place  of 
voluntary  confinement.  It  is  filled  like  a  bee-hive  with  lawyers.  The 
next  story  of  brick  is  filled  with  the  offices  of  the  county  ;  and  the  third 
story  contains  the  court  and  jury  rooms.  The  former  is  well  adapted  to 
the  use  and  comfort  of  those  who  administer  the  law  within  its  walls.  The 
cost  of  this  edifice  is  nothing,  when  it  is  in  the  care  and  keeping  of  the 
wealthy  county  of  St.  Clair.  It  cost  one  hundred  thousand  dollars ;  but 
this  is  lost  sight  of  when  we  view  this  splendid  edifice,  and  the  wealth  of 
the  people  of  this  county. 

The  new  system  of  Free  Schools  seems  to  succeed  tolerably  well  in  this 
city,  and  great  numbers  of  children  are  educated  in  them.  A  tax  is 
imposed  on  the  people,  sufficient  to  maintain  schools  all  the  year  round ; 
and  all  children,  over  the  age  of  six  years,  are  entitled  to  attend  them.  As 
far  as  I  can  ascertain,  there  are  about  twelve  hundred  children  educated  at 
the  public  expense.  I  think  a  poll  tax  should  be  imposed  on  all,  and 
then  tax  the  people  to  make  up  the  balance. 

A  female  academy  has  been  recently  established  here  that  is  calculated 
to  do  much  service  to  the  country.  The  building  is  large  and  commodious, 
fronting  on  Third  South  and  Race  streets.  This  college  and  appurtenances 
cover  almost  a  whole  block,  and  the  building  does  honor  to  the  projectors 


CITY  OF  BELLEVILLE. 


31 


and  patrons  of  the  Institution.  It  is  built  of  brick,  three  stories  high,  and 
finished  in  the  most  approved  style  of  architecture.  It  is  large,  and  well 
filled  with  young  ladies.  This  Institution  is  managed  by  the  Roman 
Catholic  Society,  and  conducted  by  Rules  and  Regulations  well  calculated 
to  improve  the  hearts  and  heads  of  the  students. 

The  coal  trade  of  Belleville  to  St.  Louis,  and  the  consumption  of  coal  in 
this  city,  is  almost  beyond  belief,  if  the  statistics  were  not  carefully  taken 
from  the  books  of  the  companies.  There  are  twenty-three  coal  mines 
opened  and  worked,  adjacent  to  Belleville,  and  between  this  city  and  the 
Mississippi  bluff,  on  the  railroad.  The  average  amount  of  coal  conveyed 
daily  on  this  road  to  East  St.  Louis  is  sixteen  thousand  five  hundred 
bushels.  The  above  figures  need  no  comment;  and  the  public  will  be 
amazed  at  the  amount  of  coal  transported  from  here  to  the  river. 

I  remarked,  on  a  former  page,  that  the  two  complete  and  excellent 
roads,  the  Macadamized  and  Railroad,  place  Belleville  on  the  banks  of  the 
Mississippi  as  to  commercial  purposes ;  and  I  again  call  the  attention  of 
the  public  to  it. 

I  have  received  a  report  from  one  of  the  officers  managing  the  Belleville 
Railroad,  and  the  report  states  that  an  average  of  three  hundred  passengers 
per  day  are  conveyed  over  the  above  road.  The  Macadamized  road  does 
its  full  share  in  this  glorious  work  of  advancing  the  best  interests  of  this 
country.  When  peace  is  again  restored,  this  railroad  from  the  river  will 
be  extended  East,  to  connect  with  roads  pointing  to  the  Atlantic. 

The  great  amount  of  business  done  on  the  railroad  from  Belleville  to 
St.  Louis,  and  to  the  cities  of  Boston  and  New  York,  is  astonishing,  and 
shows  the  great  resources  of  the  country. 

In  the  year  1859  were  shipped  182,184  barrels  of  flour.  The  next  year 
the  wheat  crop  was  not  so  good,  and  only  104,247  barrels  of  flour  were 
shipped,  and  in  1861,  125,831,  amounting  in  three  years  to  461,831  barrels 
of  flour. 

Counting  the  barrels  of  flour  at  $5  per  barrel,  the  amount  would  be 
$2,309,153. 

It  must  be  recollected  that  a  considerable  amount  of  flour  is  also 
conveyed  in  wagons  on  the  turnpike  road  each  year  from  Belleville,  which 
would  add  considerably  to  the  above. 

Sixty-five  cars  freighted  with  coal  to  the  river  pass  daily  over  the  rail¬ 
road  from  Belleville  and  return. 

Much  of  the  flour  shipped  from  Belleville  is  sent  direct  to  New  York 
and  Boston,  and  is  not  reshipped  on  the  passage. 

The  gentlemanly  and  polite  agent  of  the  railroad,  Mr.  Miller,  furnished 
the  above  information,  which  no  doubt  is  correct. 


32 


THE  HISTORY  OF  THE 


Adjacent  to  the  city  of  Belleville  are  vineyards  to  the  amount  of  about 
sixty  acres,  including  the  small  pieces,  cultivated  by  separate  individuals. 
An  average,  for  five  years,  each  acre  will  produce  about  four  hundred  and 
fifty  gallons  per  acre.  I  repeat  the  remark,  that  pure,  limpid  water,  is  the 
drink  made  for  man ;  but  when  the  people  must,  against  the  law  of 
nature,  indulge  in  artificial  drink,  beer  or  wine  is  better  than  brandy  or 
whisky.  The  use  of  beer  or  wine  may  have  a  tendency  to  arrest  the  habit 
of  strong  drinking,  and  thereby  much  good  may  be  done  to  the  human 
family  in  the  choice  of  evils. 

When  the  city  shall  contain  a  population  of  twenty  or  thirty  thousand, 
and  all  the  mechanical  arts  are  in  operation  a  densely  populated  country 
may  require,  it  is  supposed  by  many  that  an  Artesian  well  will  be  necessary 
to  supply  the  water  for  the  steam.  The  coal  can  be  procured  in  any 
place,  but  water  for  steam  purposes  is  more  difficult  to  obtain.  The 
Harrison  Mills  obtain  water  for  steam  from  a  pond,  which  affords  a 
plentiful  supply. 

An  Artesian  well  may  succeed  in  this  city,  and,  if  it  does  not,  water  in 
abundance  may  be  obtained  by  artificial  ponds. 

The  coal,  the  health,  the  good  soil,  and  the  wealthy  agricultural  country 
in  all  directions  around  the  city,  must,  in  a  few  years,  make  Belleville  a 
great  manufacturing  place ;  and,  in  that  event,  water  for  steam  can  be 
procured  either  by  an  Artesian  well,  or  by  constructing  artificial  ponds. 

The  improvement  of  a  city  is  as  necessary  as  the  improvement  of  a 
country.  Without  Macadamized  streets  travel  with  heavy  loads  in  carts, 
wagons,  &c.,  would  be  prevented  by  the  mud. 

I  call  the  attention  of  the  old  residents  of  this  city  to  the  mud  in  Main 
street  before  it  was  improved.  I  recollect  well  when  Main  street  in  St. 
Louis  was  impassable  with  heavy  loads  by  reason  of  the  mud.  The 
corporation  has  improved  and  paved  the  sidewalks,  and  caused  it  to  be 
done  by  the  property-holders  adjoining  the  pavements.  The  sidewalks 
are  ten  feet  wide,  and  the  length  of  the  pavement  now  done  is  eighteen 
and  two-third  miles  long.  The  macadamized  streets  are  eight  and  two- 
third  miles  in  this  city. 

The  governments  of  the  city  were  not  alike  in  the  care  and  caution  of 
expending  the  city  funds.  The  present  administration  is  wise  and 
economical  in  the  imposing  of  the  taxes  and  the  work  performed  in  the  city. 

In  conclusion  of  this  hastily-written  pamphlet,  I  can  say  that  the 
citizens  of  this  city  are  as  moral,  industrious  and  economical  as  the 
common  masses  of  mankind.  It  is  all  nonsense  to  say  mankind  in  any 
country,  or  in  any  condition,  are  perfect,  and  that  no  errors  will  be 


CITY  OF  BELLEVILLE. 


33 


committed ;  but  I  do  say  that  the  people  of  Belleville  are  a  moral, 
orderly  and  law-abiding  community,  and  that  property  and  persons  arc 
protected  and  sustained  both  by  public  opinion  and  the  proper  execution 
of  the  laws.  At  no  time  in  Belleville  have  the  laws  been  opposed  by  a 
mob.  I  believe  a  regular  constituted  mob  never  raised  its  hideous  head 
in  this  city.  There  is  no  noise  nor  brute  force  exerted  in  the  streets  at 
night  or  day  to  interrupt  any  one  more  than  must  be  expected  wherever 
mankind  exists. 

The  police  regulations  of  the  city  are  good,  and  well  executed,  when 
there  is  occasion  for  it.  This  efficient  arm  of  morality  and  religion, 
together  with  the  solemn  sounds  from  the  pulpit,  warning  sinners  from 
crimes,  makes  Belleville  what  it  ought  to  be,  a  sober,  moral  community. 

At  times,  before  the  war,  an  excess  of  martial  music  might  be  heard  in 
the  streets  on  the  Sabbath ;  but  at  present  the  day  is  as  still  as  any  Scotch 
town  in  the  old  country. 

Now,  I  pretend  not  that  this  short  history  will  induce  any  immigrant  to 
come  and  settle  in  this  city,  except  he  thinks  lie  can  better  his  condition. 
I  believe  many  working  mechanics,  and  others,  who  have  moderate 
means,  or  none,  can  come  here  and  become  wealthy,  respectable  citizens, 
if  they  pursue  an  honest  course  of  industry.  Property  is  cheaper  here 
than  in  St.  Louis ;  and  it  will  probably  rise  as  much  here  as  there,  in 
proportion  to  the  first  cost.  I  think  any  good,  working  mechanic,  or 
other  person,  will  do  well  to  visit  this  city,  and,  I  think,  will  do  better,  if 
he  becomes  a  citizen  in  it. 


% 


3 


CHARTER  AND  ORDINANCES. 


The  present  revision  of  the  “Ordinances  of  the  City  of  Belleville,”  is 
the  second  published  by  order  of  the  City  Council.  It  differs  from  the 
first,  published  in  1S55,  only  in  so  far  as  the  new  charter,  granted  to  the 
city  in  1859,  and  the  increasing  population,  business  and  wants  of  the  city 
made  new  ordinances  and  regulations  necessary  for  the  public  good.  In 
accordance  with  the  principle,  that  “few  laws  faithfully  observed,  are  more 
conducive  to  the  public  good,  than  many  laws  indifferently  obeyed,”  it 
will  be  found  that  the  ordinances  are,  comparatively  speaking,  few  in 
number,  plain  and  easily  understood  and  observed. 

The  new  city  charter,  passed  in  1859,  has  taken  the  place  of  the  charter 
of  the  “City  of  Springfield,”  which  latter  the  city  of  Belleville  first  adopted 
in  1850.  But  as  our  present  incorporation  was  first  organized  under  the 
charter  of  the  city  of  Springfield,  and  as,  by  the  general  State  law,  all 
incorporated  towns  and  cities  have  all  the  powers,  granted  in  the  said 
charter  of  the  city  of  Springfield,  it  was  thought  expedient  to  reprint  it  in 
the  present  volume.  The  matters  contained  in  the  general  and  special 
laws,  relating  to  the  city  of  Belleville,  and  to  incorporated  towns  and  cities 
generally,  presented  here  in  a  convenient  form,  will,  it  is  hoped,  prove 
convenient  for  reference,  not  only  to  the  officers  of  the  city,  but  to  the 
citizens  generally;  and  the  history  of  the  city  of  Belleville,  written  by  our 
old  and  distinguished  fellow  citizen,  John  Reynolds,  which  forms  the 
introduction  to  this  volume,  will  be  read  with  profit  and  pleasure  by  all 
who  take  an  interest  in  our  growing  and  flourishing  city. 


TIIE  REVISOR. 


CHARTER  OF  THE  CITY  OF  BELLEVILLE. 


-  —  - . — 

AN  ACT  GRANTING  A  NEW  CHARTER  TO  THE  CITY  OE  BELLE- 
YILLE,  AND  TO  REDUCE  THE  SEVERAL  ACTS  INCORPORATING 
SAID  CITY  INTO  ONE  ACT.— Ix  force  Eeb.  18,  1859. 

ARTICLE  I. 

Boundaries. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  repre¬ 
sented  in  the  General  Assembly,  That  the  city  of  Belleville  shall  comprehend 
all  that  district  of  territory  embraced  within  the  following  limits,  to-wit : 
A  territory  one  mile  square,  the  centre  of  which  shall  be  the  point  where 
the  centre  of  Main  street  intersects  the  centre  of  Illinois  street.  And  the 
city  council  shall  have  the  power  to  enlarge  the  boundaries  of  the  city,  by 
ordinance,  to  any  extent,  not  exceeding  one-half  of  a  mile  south,  east  and 
north,  and  west  to  any  extent,  not  exceeding  one  mile :  Provided , 
however,  that  the  incorporated  town  of  West  Belleville  shall  not  be 
annexed  to  the  city  of  Belleville,  without  the  consent  of  a  majority  of  the 
voters,  to  be  ascertained  by  an  election  to  be  held  for  that  purpose,  or  by 
and  with  the  consent  of  a  majority  of  the  board  of  directors  of  the  town  of 
West  Belleville. 

Name. 

§  2.  The  inhabitants  of  said  city  shall  be  a  corporation,  by  the  name  of 
“The  City  of  Belleville  and  by  that  name  shall  have  perpetual  succes¬ 
sion,  sue  and  be  sued,  and  complain  and  defend  in  any  court ;  may  make 
and  use  a  common  seal,  and  alter  and  change  the  same  at  pleasure;  may 
take,  hold  and  purchase  such  real,  personal  or  mixed  estate  as  the  purposes 
of  the  corporation  may  require,  within  or  without  the  limits  of  the  city, 
and  may  sell,  lease  or  dispose  of  the  same  for  the  benefit  the  city. 

W ards. 

§  3.  The  city  of  Belleville  shall  be  divided  into  four  wards,  the  boun¬ 
daries  of  which  shall  be  fixed  by  the  city  council,  and  shall  be  by  the  city 
council  changed,  from  time  to  time,  as  they  shall  see  fit,  having  regard  to 
the  number  of  free  white  male  inhabitants,  so  that  each  ward  shall  contain, 
as  near  as  may  be,  the  same  number  of  white  male  inhabitants.  The  city 
council  may  create  additional  wards,  as  occasion  may  require,  and  fix  the 
boundaries  thereof. 


36 


THE  CHARTER  OF  THE 


ARTICLE  II. 

Officers. 

§  1.  The  municipal  government  of  the  city  shall  consist  of  a  city 
council,  to  be  composed  of  the  mayor  and  two  aldermen  from  each  ward. 
The  other  officers  of  the  corporation  shall  be  as  follows:  A  city  register, 
a  city  marshal,  a  city  treasurer,  a  city  attorney,  a  city  assessor,  a  city 
collector,  a  city  surveyor  and  engineer,  a  city  weigher  and  market  master, 
and  a  city  street  inspector,  who,  in  addition  to  the  duties  prescribed  in  this 
act,  shall  perform  such  other  duties  as  may  be  prescribed  by  ordinance. 
There  shall  also  be  such  other  officers,  servants  and  agents  of  the  corpora¬ 
tion  as  may  be  provided  by  ordinance.  All  officers  to  be  appointed  by 
the  city  council,  unless  otherwise  provided  by  ordinance,  and  to  perform 
such  duties  as  may  be  prescribed  by  ordinance :  Prodded ,  that  the  city 
council  may  consolidate  two  or  more  offices  in  one  person,  as  they  may 
deem  best  for  the  city. 

Term  of  Office. 

§  2.  All  officers  elected  or  appointed  under  this  act,  except  aldermen, 
shall  hold  their  offices  for  one  year  and  until  the  election  or  appointment 
and  qualification  of  their  successors,  respectively.  All  officers  appointed 
by  the  city  council  shall  be  appointed  on  the  first  Monday  in  May,  in  each 
year,  or  as  soon  thereafter  as  may  be.  All  officers  elected  or  appointed  to 
fill  vacancies,  shall  hold  for  the  unexpired  term  only  and  until  the  election 
or  appointment  and  qualification  of  their  successors. 

Aldermen —  Classes. 

§  3.  The  several  wards  of  the  city  shall  be  represented  in  the  city 
council  by  two  aldermen  from  each  ward,  who  shall  be  bona  fide  freehol¬ 
ders  and  residents  thereof,  and  hold  their  offices  for  two  years,  from  and 
after  their  election,  and  until  the  election  and  qualification  of  their 
successors.  They  shall  be  divided  into  two  classes,  consisting  of  one 
alderman  from  each  ward,  so  that  one  from  each  ward  shall  be  elected 
annually.  The  aldermen  whose  term  of  office  do  not  expire  on  the  third 
Monday  of  April  next  shall  be  placed  in  the  first  class,  and  no  election 
shall  be  held  to  supply  their  places. 

Special  Election — Removal — Proviso. 

§  4.  If,  from  any  cause,  there  shall  not  be  a  quorum  of  aldermen,  the 
register  shall  appoint  the  time  and  place  of  holding  a  special  election  to 
fill  such  vacancies,  and  to  appoint  judges,  if  necessary.  If  any  alderman 
shall  remove  from  the  ward  represented  by  him  his  office  shall  thereby 


CITY  OF  BELLEVILLE. 


37 


become  vacant.  Any  alderman  or  officer  elected  or  appointed  to  any 
office,  may  be  removed  from  such  office,  by  a  vote  of  two-thirds  of  all  the 
aldermen  authorized  to  be  elected:  but  no  alderman  or  officer  shall  be 
removed,  except  for  good  cause,  nor  unless  first  furnished  with  the  charges 
against  him  and  heard  in  his  defense.  The  city  council  shall  have  power 
to  compel  the  attendance  of  witnesses  and  the  production  of  papers,  when 
necessary,  for  the  purpose  of  such  trial,  and  shall  proceed,  within  ten 
days,  to  hear  and  determine  the  merits  of  the  case;  and  if  such  officer 
shall  neglect  to  appear  and  answer  to  such  charges  then  the  city  council 
may  declare  the  office  vacant :  Provided ,  the  mayor  may  suspend  such 
officer  or  alderman  until  the  disposition  of  the  charges. 

Vacancy . 

§  5.  Whenever  any  vacancy  shall  occur  in  the  office  of  mayor  or 
alderman,  such  vacancy  shall  be  filled  by  a  new  election ;  and  the  city 
council  shall  order  a  special  election,  within  ten  days  after  the  happening 
of  such  vacancy.  Any  vacancy  occurring  in  any  other  office  may  be  filled 
by  appointment  of  the  city  council ;  but  no  special  election  shall  be  held 
to  fill  vacancies  if  more  than  nine  months  of  the  year  has  expired. 

Eligibility . 

§  6.  All  citizens  of  the  United  States  qualified  to  vote  at  any  election 
held  under  this  act  shall  be  qualified  to  hold  any  office  created  by  this 
act;  but  no  person  shall  be  eligible  to  any  office,  under  this  or  any  other 
act  in  relation  to  said  city,  who  is  now  or  may  hereafter  be  a  defaulter  to 
said  city,  or  to  the  State  of  Illinois,  or  to  any  other  city  or  county  thereof ; 
and  any  person  shall  be  considered  a  defaulter  who  has  refused  or  neglected, 
or  may  hereafter  refuse  or  neglect,  for  thirty  days  after  demand  made,  to 
account  for  and  pay  over  to  the  party  authorized  to  receive  the  same,  any 
public  money  which  may  have  come  into  his  possession  ;  and  if  any 
person  holding  any  such  office,  or  place  within  this  city,  shall  become  a 
defaulter,  whilst  in  office,  the  office  or  place  shall  thereupon  become  vacant. 

Tie. 

§  7.  When  two  or  more  candidates  for  any  elective  office  shall  have  an 
equal  number  of  votes  for  such  office  the  election  shall  be  determined  by 
the  casting  of  lots  in  the  presence  of  the  city  council. 

ARTICLE  III. 

Election. 

§  1.  A  general  election  of  all  the  officers  of  the  corporation  required  to 
be  elected  by  this  act,  or  any  ordinance  of  the  city,  shall  be  held  in  each 


38 


THE  CHARTER  OP  THE 


of  the  wards  of  the  city,  on  the  third  Monday  of  April,  in  each  year,  at 
such  places  as  the  city  council  may  appoint,  and  of  which  ten  days’  pre¬ 
vious  public  notice  shall  be  given,  by  written  or  printed  notices,  in  three 
public  places  in  each  ward,  or  by  publication  in  the  newspapers  publishing 
the  ordinances  of  the  city,  by  the  city  register. 

Manner  of  Conducting  Elections. 

§  2.  The  manner  of  conducting  and  voting  at  the  elections  held  under 
this  act,  and  contesting  the  same,  the  keeping  the  poll  lists,  canvassing  of 
the  votes  and  certifying  the  returns,  shall  be  the  same,  as  nearly  as  may 
be,  as  is  now,  or  may  hereafter,  be  provided  by  law  at  general  State 
elections:  Provided ,  the  city  council  shall  have  power  to  regulate 
elections  and  the  appointment  of  the  judges  thereof.  The  voting  shall  be 
by  ballot,  and  the  judges  of  the  election  shall  take  the  same  oath  and 
shall  have  the  same  power  and  authority  as  the  judges  of  general  elections. 
After  the  closing  of  the  polls  the  ballots  shall  be  counted,  in  the  manner 
provided  by  law,  and  the  returns  shall  be  returned,  scaled,  to  the  city 
register,  within  three  days  after  the  election  ;  and,  thereupon,  the  city 
council  shall  meet  and  canvass  the  same  and  declare  the  result  of  the 
election.  The  persons  having  the  highest  number  of  votes  for  any  office 
shall  be  declared  elected.  It  shall  be  the  duty  of  the  city  register  to 
notify  all  persons  elected  or  appointed  to  office  of  their  election  or 
appointment,  and  unless  such  persons  shall  qualify  within  twenty  days 
thereafter  the  office  shall  become  vacant. 

Qualification  of  voters — Oath. 

§  3.  No  person  shall  be  entitled  to  vote  at  any  election  under  this  act 
who  has  not  been  a  resident  of  said  city  at  least  twelve  months  next  pre¬ 
ceding  said  election  ;  he  shall  have  been,  moreover,  an  actual  resident  of 
the  ward  in  which  he  proposes  to  vote  for  ten  days  previous  to  such 
election,  and,  if  required  by  any  judge  or  qualified  voter,  shall  take  the 
following  oath  before  he  is  permitted  to  vote  :  “  I  swear  (or  affirm)  that  I  am 
of  the  age  of  twenty-one  years,  and  have  been  a  resident  of  this  State  one 
year  and  a  resident  of  this  city  one  month  immediately  preceding  this 
election:”  Provided ,  that  the  voter  shall  be  deemed  a  resident  of  the 
ward  in  which  he  is  accustomed  to  lodge. 

§  4.  No  election  shall  be  held  in  any  grocery  or  beer  house  or  other 
place  where  intoxicating  liquors  are  vended  by  retail. 

Arrests  on  election  day. 

§  5.  The  persons  entitled  to  vote  at  any  election  held  under  this  act 
shall  not  be  arrested  on  civil  process,  within  said  city,  upon  the  day  on 


CITY  OF  BELLEVILLE. 


39 


which  said  election  is  held  ;  and  all  persons  illegally  voting  at  any  election, 
held  under  this  act  or  the  ordinances  of  the  city  in  pursuance  thereof, 
shall  be  punishable  according  to  the  laws  of  the  State. 

ARTICLE  IV. 

Take  oath. 

§  1.  Every  person  chosen  or  appointed  to  an  executive,  judicial  or 
administrative  office  under  this  act  shall,  before  he  enters  upon  the  dis¬ 
charge  of  the  duties  of  his  office,  take  and  subscribe  the  oath  of  office 
prescribed  in  the  constitution  of  this  State,  and  file  the  same,  duly  certi¬ 
fied  by  the  officer  before  whom  it  was  taken,  with  the  city  register. 

Oath  of  Mayor. 

§  2.  The  mayor  shall,  before  he  enters  upon  the  duties  of  his  office,  in 
addition  to  the  usual  oath,  swear  or  affirm  “that  he  will  devote  so  much 
of  his  time  to  the  duties  of  his  office  as  an  efficient  and  faithful  discharge 
thereof  may  require.”  lie  shall  preside  over  the  meetings  of  the  city 
council,  and  shall  take  care  that  the  laws  of  this  State  and  the  ordinances 
of  this  city  are  duly  enforced,  respected  and  observed  within  this  city,  and 
that  all  other  officers  of  the  city  discharge  their  respective  duties;  and  he 
shall  cause  negligence  and  positive  violation  of  duty  to  be  prosecuted  and 
punished  ;  he  shall,  from  time  to  time,  give  the  city  council  such  informa¬ 
tion  and  recommend  such  measures  as  he  may  deem  advantageous  to  the 
city. 

Riot. 

§  3.  He  is  hereby  authorized  to  call  on  any  and  all  white  male  inhabit¬ 
ants  of  the  city  or  county,  over  the  age  of  eighteen  years,  to  aid  in  enforcing 
the  laws  of  the  State,  or  the  ordinances  of  the  city,  and  in  case  of  riot,  to 
call  out  the  militia,  to  aid  in  suppressing  the  same  or  carrying  into  effect 
any  law  or  ordinance;  and  any  person  who  shall  not  obey  such  call  shall 
forfeit  to  said  city  a  fine  of  not  less  than  five  dollars. 

Exhibit  of  the  books. 

§  4.  He  shall  have  power,  whenever  he  may  deem  it  necessary,  to 
require  of  any  of  the  officers  of  the  city  an  exhibit  of  all  of  his  boohs 
and  papers ;  and  he  shall  have  power  to  execute  all  acts  that  may  be 
required  of  him  by  this  act  or  any  ordinance  made  in  pursuance  thereof. 

Indictment. 

§  5.  He  shall  be  liable  to  indictment  in  the  circuit  court  of  St.  Clair 
county  for  palpable  omission  of  duty,  wilful  oppression,  malconduct  or 
partiality  in  the  discharge  of  the  duties  of  his  office,  and,  upon  conviction, 


40 


THE  CHARTER  OF  THE 


shall  be  subject  to  a  fine  not  exceeding  one  hundred  dollars  ;  and  the  court 
shall  have  power,  upon  recommendation  of  the  jury,  to  add,  as  part  of  the 
judgment,  that  lie  be  removed  from  office. 

Ordinances  and  resolutions. 

§  G.  All  ordinances  and  resolutions  shall,  before  they  take  effect,  be 
placed  in  the  office  of  the  city  register,  and,  if  the  mayor  approve  thereof, 
he  shall  sign  the  same;  and  such  as  he  shall  not  approve,  he  shall  return 
to  the  city  council,  with  his  objections  thereto,  at  the  same  meeting  of  the 
said  council  which  passed  said  ordinances  or  resolutions.  Upon  the  return 
of  any  ordinance  or  resolution  by  the  mayor,  with  his  objections,  the  vote 
by  which  the  same  was  passed  shall  be  reconsidered,  and,  if  after  such 
reconsideration,  a  majority  of  all  the  members  elected  to  the  city  council 
shall  agree  by  the  “  ayes  and  nocs,”  which  shall  be  entered  upon  the 
journals,  to  pass  the  same,  it  shall  go  into  effect;  and  if  the  mayor  shall 
neglect  to  approve  or  object  to  any  such  proceedings,  after  the  same  shall 
be  in  the  possession  of  the  register  aforesaid,  the  same  shall  go  into  effect. 

Vacancy. 

§  V.  In  case  of  vacancy  in  the  office  of  mayor,  or  his  being  unable  to 
perform  the  duties  of  his  office,  by  reason  of  temporary  or  continued 
absence  or  sickness,  the  city  council  shall  appoint  one  of  its  members,  by 
ballot,  to  preside  over  their  meetings,  whose  official  designation  shall  be 
“  Acting  Mayor ;”  and  the  alderman  so  appointed  shall  be  vested  with  all 
the  powers  and  perform  all  the  duties  of  mayor  until  the  mayor  shall 
resume  his  office  or  the  vacancy  be  filled  by  a  new  election. 

Fire  Wardens. 

§  8.  The  members  of  the  city  council  shall  be,  ex  officio ,  fire  wardens 
and  conservators  of  the  peace  within  the  city,  and  shall  be  exempt  from 
jury  duty  and  street  labor,  or  the  payment  of  street  taxes  during  their 
term  of  office. 

Register. 

§  9.  The  register  shall  keep  the  corporate  seal  and  all  papers  and  books 
belonging  to  the  city.  lie  shall  attend  all  meetings  of  the  city  council, 
and  keep  a  full  record  of  their  proceedings  on  the  journals;  and  copies  of 
all  papers  duly  filed  in  his  office  and  transcripts  from  the  journals  of  the 
proceedings  of  the  city  council,  certified  by  him,  under  the  corporate  seal, 
shall  be  evidence  in  all  courts,  in  like  manner  as  if  the  originals  were  pro¬ 
duced.  He  shall,  likewise,  draw  all  warrants  on  the  treasurv  and  counter- 
sign  the  same  and  keep  accurate  account  thereof  in  a  book  provided  for 
that  purpose.  He  shall,  also,  keep  an  accurate  account  of  all  receipts  and 


CITY  OP  BELLEVILLE. 


41 


expenditures,  in  such  manner  as  the  city  council  may  direct;  and  he  shall 
have  power  to  administer  any  oath  required  to  be  taken  by  this  act. 

City  Attorney . 

§  10.  It  shall  be  the  duty  of  the  city  attorney  to  perform  all  professional 
services  incident  to  his  office,  and,  when  required,  to  furnish  written 
opinions  upon  questions  and  subjects  submitted  to  him  by  the  mayor  or 
the  city  council  or  its  committees. 

Treasurer . 

§  11.  The  city  treasurer  shall  receive  all  moneys  belonging  to  the  city, 
and  shall  keep  an  accurate  account  of  all  receipts  and  expenditures  in 
such  manner  as  the  city  council  shall  direct.  All  moneys  shall  be  drawn 
from  the  treasury  in  pursuance  of  an  order  of  the  city  council,  by  a 
treasury  warrant,  signed  by  the  mayor  or  the  presiding  officer  of  the  city 
council,  and  countersigned  by  the  register.  Such  warrant  shall  specify 
for  what  purpose  the  amount  therein  named  is  to  be  paid.  The  treasurer 
shall  exhibit  to  the  city  council,  at  least  twenty  days  before  the  annual 
election  of  each  year,  and  oftener,  if  required,  a  full  and  detailed  account 
of  all  receipts  and  expenditures  since  the  date  of  the  last  annual  report, 
and  also  the  state  of  the  treasury ;  which  account  shall  be  filed  in  the 
office  of  the  register. 

Marshal. 

§  12.  The  city  marshal  shall  perform  such  duties  as  shall  be  prescribed 
by  the  city  council,  for  the  preservation  of  the  public  peace,  the  collection 
of  license  moneys,  fines  or  otherwise.  He  shall  possess  the  powers  and 
authority  of  a  constable,  at  common  law  and  under  the  statutes  of  this 
State,  and  receive  like  fees,  but  shall  not  serve  civil  process  without  first 
entering  into  bond,  as  such  constable,  to  be  approved  by  the  county  court? 
as  in  other  cases.  He  shall  execute  and  return  all  process  issued  by  any 
proper  officer,  under  this  act  or  any  ordinance  in  pursuance  thereof. 

Surveyor. 

§  13.  The  city  engineer  or  surveyor  shall  have  the  sole  power,  under 
the  direction  and  control  of  the  city  council,  to  survey,  within  the  city 
limits ;  and  he  shall  be  governed  by  such  rules  and  ordinances  and  receive 
such  fees  and  emoluments  for  his  services  as  the  city  council  shall  direct 
and  prescribe.  He  shall  possess  the  same  power,  in  making  plats  and 
surveys  within  the  city,  as  is  given  by  law  to  county  surveyors,  and  the 
like  effect  and  validity  shall  be  given  to  his  acts  and  to  all  plats  and 
surveys  made  by  him  as  are  or  may  be  given  by  law  to  the  acts,  plats  and 
surveys  of  the  county  surveyor.  He  shall,  when  required,  superintend  the 


42 


THE  CHARTER  OF  THE 


construction  of  all  public  works  ordered  by  the  city,  make  out  the  plans 
and  estimates  thereof,  and  contract  for  the  execution  of  the  same,  lie 
shall  perform  all  surveying  and  engineering  ordered  by  the  city  council, 
and  shall,  under  their  direction,  establish  the  grades  and  boundaries  of 
streets  and  alleys;  but  such  plans,  estimates  and  contracts,  grades  and 
boundaries  shall  be  first  reported  to  the  city  council  and  approved  by 
them,  or  they  shall  not  be  valid. 

Assessor. 

§  14  The  assessor  shall  perform  all  duties  in  relation  to  the  assessing  of 
property,  for  the  purpose  of  levying  the  taxes  imposed  by  the  city  council. 
In  the  performance  of  his  duties  he  shall  have  the  same  powers  as  are  or 
may  be  given  by  law  to  county  or  town  assessors,  and  be  subject  to  the 
same  liabilities.  On  completing  the  assessment  lists,  and  having  revised 
and  corrected  the  same,  he  shall  sign  and  return  them  to  the  city  council. 

Collector. 

§  15.  The  collector  shall  collect  all  taxes  and  assessments  which  may  be 
levied  by  the  city  council,  and  perform  such  other  duties  as  may  be  herein 
prescribed  or  ordained  by  the  city  council. 

Weigher. 

§  16.  The  weigher  shall  attend  at  the  public  scales  for  which  he  is 
appointed  and  weigh  every  load  of  hay,  stone  coal  or  other  thing  which 
may  be  presented  to  be  weighed,  and  to  give  the  person  presenting  the 
same  a  certificate  of  net  weight  thereof,  and  to  perform  such  other  duties 
in  the  measurement  of  wood  and  other  things  as  may  be  required  of  him 
by  ordinance  or  resolution.  ^ 

Market  Master. 

§  17.  The  market  master  shall  have  the  direction  and  management  of 
the  market  house  and  market  place,  and  shall  do  and  perform  such  acts 
and  duties  as  may  be  required  of  him  by  ordinance  or  resolution. 

Street  Inspector. 

§  1 S.  The  street  inspector  shall  superintend  all  local  improvement  in 
the  city,  and  carry  into  effect  all  orders  of  the  city  council  in  relation 
thereto.  It  shall  also  be  his  duty  to  superintend  and  supervise  the  opening 
of  streets  and  alleys,  and  the  grading,  improving  and  repairing  thereof, 
and  the  construction  and  repairing  of  bridges,  culverts  and  sewers;  to 
order  the  laying,  relaying  and  repairing  of  sidewalks ;  to  give  notice  to 
the  owners  of  property  adjoining  such  sidewalks,  when  required,  and  upon 
the  failure  of  any  person  to  comply  with  such  notice,  to  cause  the  same 


CITY  OF  BELLEVILLE. 


43 


to  be  laid,  relaid  or  repaired,  and  apportion  the  cost  thereof  among  the 
persons  or  lots  properly  chargeable  therewith,  and  deliver  the  amount 
thereof  to  the  city  register,  to  be  laid  before  the  city  council ;  to  make 
plans  and  estimates  of  any  work  ordered  in  relation  to  streets  and  alleys, 
bridges,  culverts  or  sewers  ;  to  keep  full  and  accurate  accounts,  in  appro¬ 
priate  books,  of  all  appropriations  made  for  work  pertaining  to  his  office, 
and  of  all  disbursements  thereof,  specifying  to  whom  made  and  on  what 
account ;  and  he  shall  render  monthly  accounts  thereof  to  the  city  council. 

City  Council . 

§  19.  The  city  council  shall  have  power,  from  time  to  time,  to  require 
further  and  other  duties  of  all  officers,  whose  duties  are  herein  prescribed, 
and  prescribe  the  powers  and  duties  of  all  officers  elected  or  appointed  to 
any  office  under  this  act,  whose  duties  are  not  herein  specified,  and  fix 
their  compensation,  They  may  also  require  ail  officers,  severally,  before 
they  enter  upon  the  duties  of  their  respective  offices,  to  execute  a  bond  to 
the  city  of  Belleville,  in  such  sum  and  with  such  securities  as  they  may 
approve,  conditioned  that  they  shall  faithfully  execute  the  duties  of  their 
respective  offices,  and  account  for  and  pay  over  and  deliver  all  moneys 
and  other  property  received  by  them  ;  which  bond,  with  the  approval  of 
the  city  council  certified  thereon  by  the  register,  shall  be  filed  in  his 
office,  except  the  bond  of  the  register,  which  shall  be  in  the  keeping  of  the 
mayor. 

Delivery  of  Books,  etc.,  to  Successors. 

§  20.  If  any  person  having  been  an  officer  of  said  city,  shall  not  within 
ten  days  after  notification  and  request,  deliver  to  his  successor  in  office  all 
the  property,  books,  papers  and  effects,  of  every  description,  in  his  pos¬ 
session,  belonging  to  the  city,  or  appertaining  to  his  said  office,  he  shall 
forfeit  and  pay,  for  the  use  of  the  city,  fifty  dollars,  besides  all  damages 
caused  by  his  refusal  or  neglect  so  to  deliver ;  and  such  successor  may 
recover  possession  of  the  books,  papers  and  effects  belonging  to  his  office 
in  the  manner  prescribed  by  the  laws  of  this  state. 

Commissions. 

§  21.  The  officers  elected  or  appointed  under  this  act  shall  be  commis¬ 
sioned  by  warrants,  under  the  corporate  seal,  signed  by  the  mayor  or  pre¬ 
siding  officer  of  the  city  council  and  register. 

article  v. 

City  Council —  Quorum. 

§  1.  The  mayor  and  aldermen  shall  constitute  the  city  council  of  the 
city.  The  city  council  shall  meet  at  such  time  and  place  as  they  shall,  by 


44 


THE  CHARTER  OF  THE 


resolution,  direct.  The  mayor,  when  present,  shall  preside  at  all  meetings 
of  the  city  council,  and  shall  have  only  a  casting  vote ;  in  his  absence  any 
one  of  the  aldermen  may  be  appointed  to  preside.  A  majority  of  the 
persons  elected  aldermen  shall  constitute  a  quorum. 

Compensation. 

§  2.  No  member  of  the  city  council  shall,  during  the  period  for  which 
he  is  elected,  receive  more  than  fifty  dollars  for  his  services  as  alderman, 
or  be  appointed  to,  or  be  competent  to  hold  any  office  of  which  the  emol¬ 
uments  arc  paid  from  the  city  treasury,  or  paid  by  fees  directed  to  be  paid 
by  any  act  or  ordinance  of  the  city  council,  or  be  allowed  to  vote  in  any 
matter  in  which  he  is  directly  interested,  personally  or  pecuniarily. 

Meetings. 

§  3.  The  city  council  shall  hold  twelve  stated  meetings,  one  in  each 
month  during  the  year;  and  the  mayor  and  aldermen,  or  any  two  aider- 
men,  may  call  special  meetings  by  notice  to  each  of  the  members  of  the 
council,  served  personally  or  left  at  their  usual  places  of  abode.  Petitions 
and  remonstrances  may  be  presented  to  the  city  council ;  and  they  shall 
determine  the  rules  of  their  own  proceedings,  and  be  the  judges  of  the 
election  and  qualification  of  their  own  members,  and  shall  have  power  to 
compel  the  attendance  of  absent  members. 

Finances ,  etc. 

§  4.  The  city  council  shall  have  control  of  the  finances  and  of  all 
property,  real,  personal  and  mixed,  belonging  to  the  corporation,  and 
shall  likewise  have  power,  within  the  jurisdiction  of  the  city,  by  ordinance. 

First. — To  borrow  money  on  the  credit  of  the  city,  and  issue  the 
bonds  of  the  city  therefor  ;  but  no  sum  of  money  shall  be  borrowed  at  a 
higher  rate  of  interest  than  the  rate  allowed  by  law,  nor  shall  a  greater 
sum  or  sums  be  borrowed,  or  at  any  time  outstanding,  the  interest  upon  the 
aggregate  of  which  shall  exceed  the  one-half  of  the  city  revenue  arising 
from  the  ordinary  taxes  within  the  city  for  the  year  immediately  pre¬ 
ceding  ;  and  no  bonds  shall  be  issued  or  negotiated  at  less  than  par  value. 
The  appropriations  of  the  city  council  for  payment  of  interest,  for  improve¬ 
ments  and  for  city  expenses,  during  any  one  fiscal  year  shall  not  exceed 
the  amount  of  the  whole  ordinary  revenue  of  the  city  for  the  fiscal  year 
immediately  preceding ;  but  the  city  council  may  apply  any  surplus 
money  in  the  treasury  to  the  extinguishment  of  the  city  debt,  or  to  the 
creation  of  a  sinking  fund  for  that  purpose,  or  to  the  contingent  fund,  for 
the  contingent  expenses  of  the  city. 


CITY  OF  BELLEVILLE. 


45 


Second. — To  appropriate  money  and  to  provide  for  the  payment  of  the 
debts  and  expenses  of  the  city. 

Third. — To  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city ;  to  make  quarantine  laws  for  that  purpose,  and  to 
enforce  them  within  the  city,  and  within  five  miles  thereof. 

Fourth. — To  make  regulations  to  secure  the  general  health  and  comfort 
of  the  inhabitants ;  to  prevent  and  abate  and  remove  nuisances  and  pun¬ 
ish  the  authors  thereof  by  penalties,  fines  and  imprisonments;  to  define 
and  declare  what  shall  be  deemed  nuisances,  and  authorize  and  direct 
summary  abatement  thereof. 

Fifth. — To  provide  the  city  with  water  ;  to  make,  regulate  and  estab¬ 
lish  public  wells,  pumps,  and  cisterns,  hydrants  and  reservoirs,  in  the 
streets  within  the  city,  or  beyond  the  limits  thereof,  for  the  extinguish¬ 
ment  of  fires  and  the  convenience  of  the  inhabitants,  and  to  prevent  the 
unnecessary  waste  of  water. 

Sixth. — To  have  the  exclusive  control  and  power  over  the  streets,  alleys 
and  highways  of  the  city,  and  to  abate  and  remove  any  encroachments  or 
obstructions  thereon  ;  to  open,  alter,  abolish,  widen,  extend,  straighten, 
establish,  regulate,  grade,  clean  or  otherwise  improve  the  same  ;  to  put 
drains  and  sewers  therein,  and  prevent  the  incumbering  thereof  in  any 
manner,  and  protect  the  same  from  any  encroachment  or  injury. 

Seventh. — To  establish,  erect,  construct,  regulate  and  keep  in  repair 
bridges,  culverts  and  sewers,  sidewalks  and  crossways,  and  regulate  the 
construction  and  use  of  the  same,  and  to  abate  any  obstructions  or  en¬ 
croachments  thereof;  to  establish,  alter,  change  and  straighten  the  chan¬ 
nels  of  water  courses  and  natural  drains ;  to  sewer  the  same,  or  wall  them 
up  and  cover  them  over,  and  to  prevent,  regulate  and  control  the  filling  up, 
altering  or  changing  the  channels  thereof  by  private  persons. 

Eighth. — To  provide  for  lighting  the  streets  and  erecting  lamp  posts 
and  lamps  therein,  and  regulate  the  lighting  thereof ;  and  from  time  to 
time  create,  alter  or  extend  lamp  districts ;  to  exclusively  regulate,  direct 
and  control  the  laying  and  repairing  the  gas  pipes  and  gas  fixtures  in  the 
streets,  alleys  and  sidewalks. 

Ninth. — To  establish  and  erect  markets  and  market  houses  and  other 
public  buildings  of  the  city,  and  provide  for  the  government  and  regulation 
thereof  and  their  erection  and  location,  and  to  authorize  their  erection  in 
the  streets  and  avenues  of  the  city,  and  the  continuation  of  such  as  are 
already  erected  within  the  same. 

Tenth. — To  provide  for  the  inclosing,  regulating  and  improving  all 
public  grounds  and  cemeteries  belonging  to  the  city,  and  to  direct  and 


46 


THE  CHARTER  OF  THE 


regulate  the  planting  and  preserving  of  ornamental  and  shade  trees,  in  the 
streets  and  public  grounds. 

Eleventh. — To  erect  and  establish  one  or  more  hospitals  or  dispensaries, 
and  control  and  regulate  the  same. 

Twelfth. — To  prevent  the  incumbering  of  streets,  alleys,  sidewalks  or 
public  grounds  with  carriages,  wagons,  carts,  wheelbarrows,  boxes,  lumber, 
timber,  firewood,  posts,  awnings,  signs,  or  any  other  substance  or  material 
whatever;  to  compel  all  persons  to  keep  snow,  ice,  dirt  and  other  rubbish 
from  the  sidewalks  and  street  gutters  in  front  of  the  premises  occupied  by 
them. 

Thirteenth. — To  license,  tax  and  regulate  merchants,  commission  mer¬ 
chants,  inn  keepers,  insurance  brokers  and  auctioneers,  and  to  impose 
duties  upon  the  sales  of  goods  at  auction  ;  to  license,  tax,  regulate, 
suppress  and  prohibit  hawkers,  peddlers,  pawnbrokers,  grocery  keepers 
and  keepers  of  ordinaries,  theatrical  or  other  exhibitions,  shows  and 
amusements. 

Fourteenth. — To  license,  tax,  regulate  and  suppress  hackmen,  draymen, 
omnibus  drivers,  porters  and  all  others  pursuing  like  occupation,  with  or 
without  vehicles,  and  prescribe  their  compensation ;  and  to  restrain  and 
regulate  runners  for  stages,  cars  and  public  houses. 

Fifteenth. — To  license,  tax  and  regulate  billiard  tables,  ten  pin  alleys 
and  ball  alleys ;  to  suppress  and  restrain  disorderly  houses,  tippling  shops, 
bawdy  houses,  gaming  and  gambling  houses,  lotteries  and  all  fraudulent 
devices  and  practices,  and  all  playing  of  cards,  dice  and  other  games  of 
chance,  with  or  without  betting,  and  to  authorize  the  destruction  of  all  in¬ 
struments  and  devices  used  for  the  purposes  of  gaming. 

Sixteenth. — To  authorize  the  proper  officer  of  the  city  to  grant  and  issue 
licenses,  and  to  direct  the  manner  of  issuing  and  registering  thereof,  and 
the  fees  and  charges  to  be  paid  therefor.  No  license  shall  be  granted  for 
more  than  one  year,  and  not  less  than  three  dollars  nor  more  than  five 
hundred  dollars  shall  be  charged  for  any  license  under  this  act ;  and  the 
fees  for  issuing  the  same  shall  not  exceed  one  dollar;  but  no  license,  for 
the  sale  of  wines  or  other  liquors,  ardent  or  vinous,  fermented  or  malt,  at 
wholesale  or  retail,  by  grocery  keepers,  inn  keepers  or  others,  shall  be 
issued  for  less  than  fifty  dollars. 

Seventeenth. — To  restrain,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating  or  malt  liquors,  by  any  person  within  the  city,  or 
within  half  a  mile  of  the  boundary  of  the  city,  excepting  those  which  are 
in  the  town  of  West  Belleville,  except  by  persons  duly  licensed  by  the  city. 
To  forbid  and  punish  the  selling  or  giving  away  of  any  intoxicating  or 


CITY  OF  BELLEVILLE. 


47 


malt  liquors  to  any  minor,  apprentice  or  servant,  [without  the  consent]  of 
the  parent,  guardian,  master  or  mistress. 

Eighteenth. — To  prevent,  restrain  and  punish  forestalling  and  regrating; 
to  regulate  the  inspection  and  vending  of  fresh  meats,  poultry  and  vege¬ 
tables  ;  of  butter,  lard  and  other  provisions ;  and  the  place  and  manner  of 
selling  fish,  and  inspecting  the  same. 

Nineteenth. — To  establish  standard  weights  and  measures,  and  regulate 
the  weights  and  measures  to  be  used  within  the  city,  in  all  cases  not  other¬ 
wise  provided  by  law.  To  require  all  traders  or  dealers  in  merchandise  or 
property  of  any  description,  which  is  sold  by  measure  or  weight,  to  cause 
their  measures  and  weights  to  be  tested  and  sealed  by  the  city  weigher  or 
other  person  appointed  by  the  city  council,  and  to  be  subject  to  his  inspec¬ 
tion.  The  standard  of  such  weights  and  measures  shall  be  conformable  to 
those  established  by  law  or  ordinance. 

Twentieth. — To  regulate,  license  and  prohibit  butchers  ;  and  to  revoke 
their  license  for  malconduct  in  the  course  of  trade. 

Twenty -first. — To  regulate  and  provide  for  the  inspecting  and  measur¬ 
ing  of  lumber,  shingles,  timber,  posts,  staves,  heading  and  all  kinds  of 
building  materials;  and  for  the  measuring  of  all  kinds  of  mechanical 
work;  and  to  appoint  one  or'raore  inspectors  or  measurers. 

Twenty -second. — To  provide  for  the  inspection  and  weighing  of  hav, 
lime  and  stone  coal,  and  the  place  and  manner  of  selling  the  same.  To 
regulate  the  measurement  of  firewood,  charcoal  and  other  fuel,  to  be  sold 
or  used  within  the  city,  and  the  place  and  manner  of  selling  the  same. 

Twenty-third . — To  regulate  the  inspection  of  beef,  pork,  flour,  meal, 
salt  and  other  provisions,  malt  whisky  and  other  liquors,  to  be  sold  in 
barrels,  hogsheads  and  other  vessels  or  packages ;  To  appoint  weighers, 
guagers  and  inspectors,  and  prescribe  their  duties  and  regulate  their  fees; 
Provided ,  that  nothing  herein  shall  be  so  construed  as  to  require  the 
inspection  of  any  articles  enumerated  herein  which  are  to  be  shipped 
beyond  the  limits  of  the  state,  except  at  the  request  of  the  owner  thereof, 
or  his  a^ent. 

Twenty-fourth. — To  regulate  the  weight  and  quality  of  bread  to  be  sold 
or  used  within  the  city. 

Twenty-fifth. — To  direct,  license  and  control  all  wagons  and  trains 
conveying  heavy  loads  within  the  city,  and  prescribe  the  width  of  the  rim 
and  tire  of  the  same. 

Twenty-sixth. — To  regulate  the  size  and  quality  of  bricks  to  be  sold  or 
used  within  the  city,  and  the  inspection  thereof. 

Twenty-seventh . — To  create,  establish  and  regulate  the  police  of  the 


48 


THE  CHARTER  OF  THE 


city ;  to  appoint  watchmen  and  policemen,  and  prescribe  their  duties  and 
powers. 

Twenty-eighth. — To  prevent  and  suppress  any  riot,  rout,  affray,  noise, 
disturbance  or  disorderly  assembly,  in  any  public  or  private  house  within 
the  city. 

Twenty-ninth. — To  prohibit,  prevent  and  suppress  horse  racing,  immo¬ 
derate  riding  or  driving  in  the  streets,  and  to  authorize  persons  immoder¬ 
ately  riding  or  driving,  as  aforesaid,  to  be  stopped  by  any  person;  to 
prohibit  and  punish  the  abuse  of  animals ;  to  compel  persons  to  fasten 
their  horses,  or  other  animals,  attached  to  vehicles  or  otherwise,  while 
standing  or  remaining  in  the  streets.  • 

O  O 

Thirtieth. — To  restrain  and  punish  vagrants,  mendicants  and  street 
beggars  and  prostitutes. 

Thirty-first. — To  regulate,  restrain  or  prohibit  the  running  at  large  of 
horses,  mules,  jackasses  or  jennies,  cattle,  swine,  sheep,  goats  and  geese, 
and  to  authorize  the  distraining,  impounding  and  sale  of  the  same  for 
costs  of  the  proceedings,  and  the  penalties  incurred;  and  to  impose 
penalties  on  the  owners  thereof  for  a  violation  of  any  ordinance  in  relation 
thereto;  to  regulate,  restrain  and  prohibit  the  running  at  large  of  dogs, 
and  to  authorize  their  destruction  when  at  large  contrary  to  ordinance, 
and  to  impose  penalties  on  the  owners  or  keepers  thereof. 

Thirty-second. — To  prohibit  and  restrain  the  rolling  of  hoops,  flying  of 
kites,  or  any  other  amusements  or  practices  tending  to  annoy  persons 
passing  on  the  streets,  or  to  frighten  horses  or  teams ;  to  restrain  and 
prohibit  the  ringing  of  bells,  blowing  of  horns  or  bugles,  crying  of  goods, 
and  all  other  noises,  performances  and  practices,  tending  to  the  collecting 
of  persons  on  the  streets  or  sidewalks,  by  auctioneers  and  others,  for  the 
purpose  of  business,  amusement  or  otherwise. 

Thirty-third. — To  abate  all  nuisances  which  may  injure  or  affect  the 
public  health  or  comfort,  in  any  manner  they  may  deem  expedient. 

Thirty -fourth. — To  do  all  acts  and  make  all  regulations  which  may  bo 
necessary  or  expedient  for  the  promotion  of  health  and  the  suppression  of 
disease. 

Thirty  fifth. — To  compel  the  owner  or  occupant  of  any  grocery,  cellar, 
soap  or  tallow  chandler,  or  blacksmith  shop,  tannery,  stable,  privy,  sewer 
or  other  unwholesome  or  nauseous  house  or  place,  to  cleanse,  remove  or 
abate  the  same,  as  may  be  necessary  for  the  health,  comfort  and  conven¬ 
ience  of  the  inhabitants. 

Thirty-sixth. — To  direct  the  location  and  regulate  the  management  and 
construction  of  breweries,  tanneries,  blacksmith  shops,  foundries,  livery 


CITY  OF  BELLEVILLE. 


49 


stables  and  packing  houses;  to  direct  the  location  and  regulate  the 
management  and  construction  of’  and  restrain,  abate  and  prohibit  within 
the  city,  and  to  the  distance  of  one  mile  from  the  limits  thereof,  distilleries, 
slaughtering  establishments,  establishments  for  steaming  or  rendering  lard, 
tallow,  offal  and  such  other  substances  as  may  be  rendered,  and  all  other 
establishments  or  places  where  any  nauseous,  offensive  or  unwholesome 
business  may  be  carried  on. 

Thirty-seventh. — To  regulate  the  burial  of  the  dead ;  to  establish  and 
regulate  one  or  more  cemeteries ;  to  regulate  the  registration  of  births 
and  deaths ;  to  direct  the  returning  and  keeping  of  bills  of  mortality,  and 
to  impose  penalties  on  physicians  and  sextons  and  others  for  any  default 
in  the  premises. 

Thirty-eighth. — To  provide  for  the  taking  an  enumeration  of  the 
inhabitants  of  the  city. 

Thirty-ninth. — To  erect  and  establish  a  work  house  or  house  of  correc¬ 
tion  ;  make  all  necessary  regulations  therefor,  and  appoint  all  necessary 
keepers  or  assistants.  In  such  work  house  or  house  of  correction  may  be 
confined  all  vagrants,  stragglers,  idle  and  disorderly  persons,  who  may  be 
committed  thereto,  by  any  proper  officer,  and  persons  sentenced  by  any 
criminal  court  or  magistrate  in  and  for  the  city,  or  for  the  county  of  St. 
Clair,  for  any  assault  and  battery,  petit  larceny  or  other  misdemeanor,  pun¬ 
ishable  by  imprisonment  in  any  county  jail ;  and  any  person  who  shall  fail 
or  neglect  to  pay  any  fine  or  penalty  or  costs  imposed  by  any  ordinance 
of  the  city  for  any  misdemeanor  or  breach  of  any  ordinance  of  the  city, 
may,  instead  of  being  committed  to  the  county  jail  of  St.  Clair  county,  be 
kept  therein,  subject  to  labor  and  confinement. 

Fortieth. — To  authorize  and  direct  the  taking  up  and  providing  for  the 
safe  keeping  and  education,  for  such  periods  of  time  as  may  be  deemed 
expedient,  of  all  children  who  are  destitute  of  proper  parental  care, 
wandering  about  the  streets,  committing  mischief,  and  growing  up  in 
mendicancy,  ignorance,  idleness  and  vice. 

Forty-first. — To  fill  up,  drain,  cleanse,  alter,  relay,  repair  and  regulate 
any  grounds,  lots,  yards,  cellars,  private  drains,  sinks  and  privies ;  direct 
and  regulate  their  construction,  and  cause  the  expense  thereof  to  be 
assessed  and  collected  in  the  same  manner  as  side- walk  assessments. 

Forty-second. — To  direct  and  control  the  laying  and  construction  of 
railroad  tracks,  bridges,  turn-outs  and  switches,  in  the  streets  and  alleys, 
and  the  location  of  depot  grounds  within  the  city.  To  require  that  rail¬ 
road  tracks,  bridges,  turn-outs,  and  switches  shall  be  so  constructed  and 

laid  as  to  interfere  as  little  as  possible  with  the  ordinary  travel  and  use  of 

4 


50 


THE  CHARTER  OF  THE 


the  streets  and  alleys,  and  that  sufficient  space  shall  be  left  on  either  side 
of  said  tracks  for  the  safe  and  convenient  passage  of  teams  and  persons. 
To  require  railroad  companies  to  keep  in  repair  the  streets  through  which 
their  track  may  run,  and  to  construct  and  keep  in  repair  suitable  crossings 
at  the  intersections  of  streets  and  alleys  and  ditches,  sewers  and  culverts, 
when  the  city  council  may  deem  necessary.  To  direct  and  prohibit  the 
use  and  regulate  the  speed  of  locomotive  engines  within  the  inhabited 
parts  of  the  city.  To  prohibit  and  restrain  railroad  companies  from  doing 
storage  or  warehouse  business  or  collecting  pay  for  storage. 

Forty-third. — The  city  council  shall  have  power  to  pass,  publish,  amend 
and  repeal  all  ordinances,  rules  and  police  regulations  not  contrary  to  the 
constitution  of  the  United  States  or  of  this  State,  for  the  good  govern¬ 
ment,  peace  and  order  of  the  city  and  the  trade  and  commerce  thereof, 
that  may  be  necessary  or  proper  to  carry  into  effect  the  powers  vested  by 
this  act  in  the  corporation,  the  city  government  or  any  department  or 
officer  thereof;  to  enforce  the  observance  of  all  such  rules,  ordinances  and 
police  regulations  and  to  punish  violations  thereof  by  fines,  penalties  and 
imprisonment  in  the  county  jail,  city  prison  or  work  house  or  both,  in  the 
discretion  of  the  court  or  magistrate,  before  whom  conviction  may  be  had, 
but  no  fine  or  penalty  shall  exceed  five  hundred  dollars  nor  the  imprison¬ 
ment  of  six  months  for  any  offence;  and  such  fine  or  penalty  may  be 
recovered  with  costs  in  an  action  of  debt,  in  the  name  or  for  the  use  of 
the  city,  before  any  court  having  jurisdiction,  and  punishment  inflicted ; 
and  any  person  upon  whom  any  fine  or  penalty  is  imposed,  shall  stand 
committed  until  the  payment  of  the  same  and  costs;  and  in  default  thereof, 
may  be  imprisoned  in  the  county  jail,  city  prison  or  work  house,  or 
required  to  labor  on  the  streets  or  other  public  works  of  the  city,  for  such 
time  and  in  such  manner  as  may  be  provided  by  ordinance. 

Forty -fourth. — To  recall  and  withdraw  from  circulation  any  of  the 
matured  city  bonds  for  city  indebtedness  for  the  purpose  of  paying  the 
same,  or  to  have  new  bonds  reissued  to  those  who  are  legally  entitled  to 
them,  but  in  no  case  shall  such  bonds  be  disposed  of  under  par,  nor  shall 
any  greater  rate  of  interest  be  paid  than  ten  per  cent,  per  annum. 

Forty-fifth. — To  regulate  and  license  all  the  groceries  and  beer  houses, 
shows,  menageries  and  other  exhibitions  within  half  a  mile  of  the  estab¬ 
lished  boundaries  of  the  city,  excepting  those  within  the  limits  of  the 
town  of  West  Belleville. 


CITY  OF  BELLEVILLE. 


51 


ARTICLE  VI. 

Taxes ,  etc. 

§  1.  The  city  council  shall  have  power  within  the  city,  by  ordinance — 

First. — To  levy  and  collect  annually  taxes  not  exceeding  five  mills  to 
the  dollar,  on  all  assessed  value  of  real  and  personal  estate,  and  property 
within  the  city,  and  all  personal  property  of  the  inhabitants  thereof,  made 
taxable  by  the  laws  of  the  State  for  State  purposes,  to  defray  the  general 
and  contingent  expenses  of  the  city,  not  herein  otherwise  provided  for, 
which  taxes  shall  constitute  a  general  fund. 

Second. — Also  to  levy  and  collect  a  special  tax  on  all  property  described 
in  section  first  of  not  exceeding  two  mills  on  the  dollar,  which  two  mills 
shall  constitute  a  sinking  fund,  to  be  wholly  applied  in  the  payment  of  the 
bonds  and  obligations  of  the  city  not  due,  and  maturing  on  or  before  the 
first  of  January,  1863,  and  for  no  other  purpose  whatever. 

Third. — Also  to  levy  and  collect,  upon  all  property  in  such  districts  as 
they  shall  from  time  to  time  create,  a  tax  sufficient  to  defray  one-half  of 
the  expenses  of  erecting  lamp  posts  and  lamps  and  lighting  the  streets  in 
such  districts,  and  the  tax  thus  collected  shall  be  exclusively  expended 
for  such  purposes  in  the  districts  paying  the  same. 

Fourth,. — To  require  (and  it  is  hereby  made  the  duty  of)  every  male 
resident  of  the  city  over  the  age  of  twenty-one  years,  and  under  the  age 
of  fifty  years,  to  labor  three  days  in  each  year  upon  the  streets  and  alleys 
of  the  city  ;  but  any  person  may,  at  his  option,  pay  in  lieu  thereof  two 
dollars  :  Provided ,  the  same  shall  be  paid  within  ten  days  after  notification 
by  the  street  inspector.  In  default  of  payment  as  aforesaid  the  sum  of 
three  dollars  and  costs  may  be  collected,  and  no  set  off  shall  be  allowed  in 
any  suit  brought  to  collect  the  same. 

ARTICLE  VII. 

Public  grounds ,  cfic. 

§  1.  The  city  council  shall  have  power  to  open  and  lay  out  public 
grounds,  or  squares,  streets,  alleys  and  highways,  and  to  alter,  widen, 
contract,  straighten  and  discontinue  the  same.  But  no  street,  alley  or 
highway,  or  any  part  thereof,  shall  be  discontinued  or  contracted  without 
the  consent,  in  writing,  of  all  persons  owning  land  or  lots  adjoining  said 
street,  alley  or  highway.  They  shall  cause  all  streets,  alleys  and  highways, 
or  public  squares  or  grounds  laid  out  by  them,  to  be  surveyed,  described 
and  recorded  in  a  book,  to  be  kept  by  the  register,  showing  accurately 
and  particularly  the  proposed  improvements,  and  the  real  estate  required 
to  be  taken ;  and  the  same,  when  opened  and  made,  shall  be  public  high¬ 
ways  and  public  squares. 


UBRARY 


52 


THE  CHARTER  OF  THE 


Compensation . 

§  2.  Whenever  any  street,  alley  or  highway,  public  ground  or  square, 
is  proposed  to  be  laid  out,  opened,  altered,  widened  or  straightened,  by 
virtue  hereof,  and  the  amount  of  compensation  cannot  be  agreed  upon, 
the  city  council  shall  give  notice  of  their  intention  to  appropriate  and 
take  the  land  necessary  for  the  same,  to  the  owner  thereof,  by  publishing 
said  notice  for  ten  days  in  the  newspaper  publishing  the  ordinances  of  the 
city ;  at  the  expiration  of  which  time  they  shall  choose,  by  ballot,  three 
disinterested  freeholders,  residing  in  the  city,  as  commissioners,  to  ascertain 
and  assess  the  damages  and  recompense  due  the  owners  of  said  real  estate 
respectively,  and  at  the  same  time  to  determine  what  persons  will  be  bene¬ 
fited  by  such  improvement ;  and  assess  the  damages  and  expenses  thereof 
on  the  real  estate  benefited  thereby,  in  proportion,  as  nearly  as  may  be, 
to  the  benefits  resulting  to  each.  A  majority  of  all  the  aldermen  author¬ 
ized  by  law  to  be  elected,  shall  be  necessary  to  a  choice  of  such  commis¬ 
sioners. 

Sworn. 

§  3.  The  commissioners  shall  be  sworn  faithfully  and  impartially  to 
execute  their  duties  to  the  best  of  their  abilities.  Before  entering  upon 
their  duties,  they  shall  give  at  least  five  days’  notice  to  all  persons  inter¬ 
ested  of  the  time  and  place  of  their  meeting  for  the  purpose  of  viewing 
the  premises  and  making  their  assessments ;  which  notice  shall  be  given 
personally,  if  the  owners  are  residents  and  known,  or  by  publication  in  the 
newspaper  publishing  the  ordinances  of  the  city,  if  non-residents  or  un¬ 
known  ;  they  shall  view  the  premises,  and  in  their  discretion,  receive  any 
legal  evidence,  and  may,  if  necessary,  adjourn  from  day  to  day. 

Valuation — How  Made. 

§  4.  If  there  should  be  any  buildings  standing,  in  whole  or  in  part, 
upon  the  land  to  be  taken,  the  commissioners,  before  proceeding  to  make 
their  assessment,  shall  first  estimate  and  determine  the  whole  value  of  such 
building  to  the  owner,  aside  from  the  value  of  the  land,  and  the  actual 
injury  to  him  in  having  such  building  taken  from  him;  and  secondly,  the 
value  of  such  building  to  him,  to  remove. 

Notice. 

% 

§  5.  At  least  five  days’  notice  shall  be  given  to  the  owner,  of  such 
determination,  when  known,  and  a  resident  of  the  city,  which  may  be 
given  personally  or  in  writing,  left  at  his  usual  place  of  abode.  If  a  non¬ 
resident,  or  unknown,  like  notice  to  all  persons  interested  shall  be  given, 
by  publication  in  the  newspaper  publishing  the  ordinances  of  the  city. 


CITY  OF  BELLEVILLE. 


53 


Such  notice  shall  specify  the  buildings  and  the  award  of  the  commission¬ 
ers,  and  shall  be  signed  by  them.  It  shall  also  require  the  persons  inter¬ 
ested  to  appear  by  a  day  to  be  named  therein,  or  give  notice  of  their 
election  to  the  city  council,  either  to  accept  the  award  of  the  commission¬ 
ers,  and  allow  such  building  to  be  taken,  with  the  land  condemned  or 
appropriated,  or  of  their  intention  to  receive  such  building  at  the  value 
set  thereon  by  the  commissioners  to  remove ;  if  the  owner  shall  agree  to 
remove  such  building,  he  shall  have  such  reasonable  time  for  that  purpose 
as  the  city  council  may  direct. 

Sale  of  Building. 

§  6.  If  the  owner  refuses  to  take  the  building  at  its  appraised  value,  to 
remove,  or  fails  to  give  notice  of  his  intention  as  aforesaid,  within  the  time 
prescribed,  the  city  council  shall  have  power  to  direct  the  sale  of  such 
building,  at  public  auction,  for  cash  or  on  a  credit,  giving  five  days’  public 
notice  of  the  sale.  The  proceeds  of  the  sale  shall  be  paid  to  the  owner,  or 
deposited  to  his  use. 

Assessment  of  damages. 

§  7.  The  commissioners  shall  thereupon  proceed  to  make  their  assessments, 
and  determine  and  appraise  to  the  owner  the  value  of  the  real  estate  appro¬ 
priated,  and  the  injury  arising  from  the  condemnation  thereof,  which  shall 
be  awarded  to  such  owner  as  damages,  after  making  due  allowance  there¬ 
from  for  any  benefit  which  such  owner  may  derive  from  such  improvement. 
In  the  estimate  of  damage  to  the  land,  the  commissioners  shall  include 
the  value  of  the  building,  (if  the  property  of  the  owner  of  the  land,)  as 
estimated  by  them  as  aforesaid,  less  the  proceeds  of  the  sale  thereof;  or 
if  taken  by  the  owner,  at  the  value  to  remove,  in  that  case  they  shall  only 
include  the  difference  between  such  value  and  the  whole  estimated  value 
of  such  building. 

Strike  balance. 

§  8.  If  the  damages  to  any  person  be  greater  than  the  benefits  received, 
or  if  the  benefit  be  greater  than  the  damages,  in  either  case  the  commis¬ 
sioners  shall  strike  a  balance  and  carry  the  difference  forward  to  another 
column,  so  that  the  assessment  may  show  what  amount  is  to  be  received 
or  paid  by  such  owners,  respectively,  and  the  difference  only  shall  in  any 
case  be  collectable  of  or  paid  to  them. 

§  9.  If  the  lands  and  buildings  belong  to  different  persons,  or  if  the 
land  be  subject  to  lease  or  mortgage,  the  injury  done  to  such  persons, 
respectively,  may  be  awarded  to  them  by  the  commissioners,  less  the  benefit 
resulting  to  them,  respectively,  from  the  improvement. 


54 


THE  CHARTER  OF  THE 


Return  of  assessment  by  Commissioners . 

§  10.  Having  ascertained  the  damages  and  expenses  of  such  improve¬ 
ment,  as  aforesaid,  the  commissioners  shall  thereupon  apportion  and  assess 
the  same,  together  with  the  costs  of  the  proceedings,  upon  the  real  estate 
by  them  deemed  benefited,  in  proportion  to  the  benefit  resulting  from  the 
improvements,  as  nearly  as  may  be,  and  shall  describe  the  real  estate  upon 
which  their  assessment  may  be  made ;  when  completed,  the  commissioners 
shall  sign  and  return  the  same  to  the  city  council  within  forty  days  of  their 
appointment. 

Notice. 

§  11.  The  register  shall  give  ten  days’  notice,  by  publication  in  the 
newspaper  publishing  the  ordinances  of  the  city,  that  such  assessment  has 
been  returned,  and  on  a  day,  to  be  specified  therein,  will  be  confirmed  by 
the  city  council,  unless  objections  to  the  same  are  made  by  some  person 
interested.  Objections  may  be  heard  before  the  city  council,  and  the 
hearing  may  be  adjourned  from  day  to  day.  The  council  shall  have 
power,  in  their  discretion,  to  confirm  or  annul  the  assessment,  or  refer  the 
same  back  to  the  commissioners.  If  annulled,  all  the  proceedings  shall  be 
void;  if  confirmed,  an  order  of  confirmation  shall  be  entered,  directing  a 
warrant  to  issue  for  the  collection  thereof.  If  referred  back  to  the  same 
or  other  commissioners,  they  shall  proceed  to  make  their  assessment,  and 
return  the  same  in  like  manner,  and  give  like  notice  as  herein  required  in 
relation  to  the  first;  and  all  parties  in  interest  shall  have  the  like  notice 
and  rights,  and  the  city  council  shall  perform  like  duties  and  have  like 
powers  in  relation  to  any  subsequent  determination  as  are  herein  given  in 
relation  to  the  first. 

Remove  Commissioners. 

§  12.  The  city  council  shall  have  power  to  remove  commissioners,  and 
from  time  to  time  to  appoint  others  in  place  of  such  as  may  be  removed, 
or  refuse,  neglect,  or  are  unable,  from  any  cause,  to  serve. 

Lands  Taken. 

§  13.  The  land  required  to  betaken  for  the  making,  opening, widening, 
straightening  or  altering  any  strteet,  alley  or  other  highway,  or  public 
ground  or  square,  shall  not  be  appropriated  until  the  damages  awarded 
therefor  to  any  owner  thereof,  under  this  act,  shall  be  paid  or  tendered  to 
such  owner  or  his  agent,  or  in  case  such  owner  or  his  agent  cannot  be 
found  within  the  city,  deposited  to  his  or  their  credit  in  some  safe  place  of 
deposit  other  than  the  hands  of  the  treasurer ;  and  then,  and  not  before, 
such  lands  may  be  taken  and  appropriated  for  the  purpose  required  in 


CITY  OF  BELLEVILLE. 


55 


making  suck  improvements,  and  such  streets,  alleys  or  other  highways  for 
public  grounds  may  be  made  and  opened. 

§  14.  When  the  whole  of  any  lot,  parcel  of  land  or  other  premises, 
under  lease  or  contract,  shall  be  taken  for  any  of  the  purposes  aforesaid, 
by  virtue  of  this  act,  all  the  covenants,  contracts  and  engagements  between 
landlords  and  tenants  or  any  other  contracting  parties,  touching  the  same 
or  any  part  thereof,  shall,  upon  the  confirmation  of  the  report  of  the 
commissioners,  respectively,  cease  and  be  absolutely  discharged. 

When  part  taken. 

§  15.  When  part  only  of  any  lot,  parcel  of  land  or  other  premises,  so 
under  lease  or  contract,  shall  be  taken  for  any  of  the  purposes  aforesaid, 
by  virtue  of  this  act,  all  the  covenants,  contracts,  agreements  and  engage  - 
ments  respecting  the  same,  upon  the  confirmation  of  the  report  of  the 
commissioners,  shall  be  absolutely  discharged,  as  to  that  part  thereof  so 
taken,  but  shall  remain  valid  as  to  the  residue  thereof,  and  the  rents, 
consideration  and  payments  reserved  payable  and  to  be  paid  for,  or  in 
respect  to  the  same,  shall  be  so  proportioned  as  that  the  part  thereof  justly 
and  equitably  payable  for  such  residue  thereof,  and  no  more,  shall  be  paid 
or  recoverable,  in  any  respect  of  the  same. 

Appeal. 

§  16.  Any  person  interested  may  appeal  from  any  final  order  of  the  city 
council  for  opening,  altering,  widening  or  straightening  any  street,  alley 
or  other  highway  or  public  ground,  to  the  circuit  court  of  St.  Clair  county, 
by  notice,  in  writing,  to  the  mayor,  at  any  time  before  the  expiration  of 
twenty  days  after  the  passage  of  said  final  order.  In  case  of  appeal,  the 
city  council  shall  make  a  return  within  thirty  days  after  notice  thereof, 
and  the  court  shall,  at  the  next  term  after  the  return  filed  in  the  office  of 
the  clerk  thereof,  hear  and  determine  such  appeal,  and  confirm  or  annul 
the  proceedings,  from  which  judgment  no  appeal  or  writ  of  error  shall  lie. 
Upon  the  trial  of  the  appeal,  all  questions  involved  in  said  proceedings, 
including  the  amount  of  damages,  shall  be  open  to  investigation  by  affidavit 
or  oral  testimony  adduced  to  the  court;  or  upon  application  of  the  city  or 
any  party,  the  amount  of  damages  may  be  assessed  by  a  jury  in  said  court, 
without  formal  pleadings,  and  judgment  rendered  accordingly;  and  the 
burden  of  the  proof  shall,  in  all  cases,  be  upon  the  city  to  show  that  the 
proceedings  are  in  conformity  with  this  act. 

Landlord  pay  assessments. 

§  17.  In  all  cases  where  there  is  no  agreement  to  the  contrary,  the 
owner  or  landlord,  and  not  the  tenant  or  occupant,  shall  be  deemed  the 


56 


THE  CHARTER  OF  THE 


person  who  shall  and  ought  to  pay  and  bear  every  assessment  made  for 
the  expense  of  any  public  improvement.  Where  any  such  assessment  shall 
be  made  upon  or  paid  by  any  person,  when,  by  agreement  or  by-law,  the 
same  ought  to  be  borne  or  paid  by  any  other  person,  it  shall  be  lawful  for 
one  so  paying  to  sue  for  and  recover  of  the  person  bound  to  pay  the  same? 
the  amount  so  paid,  with  interest.  Nothing  herein  contained  shall,  in  any 
way,  impair  or  affect  any  agreement  between  landlord  and  tenant,  or  other 
person,  respecting  the  payment  of  such  assessments. 

Charges. 

§  18.  The  city  council  may,  by  ordinance,  make  any  change  they  may 
deem  advisable  in  the  proceedings  herein  prescribed,  for  ascertaining  the 
damages  and  injury  occasioned  to  any  person,  or  real  estate,  by  reason  of 
the  condemnation  of  such  real  estate,  or  any  real  estate  upon  which  any 
buildings  may  be  situated,  in  whole  or  in  part,  and  the  assessment  of  such 
damages  and  injury  upon  persons  or  real  estate  benefited  by  the  improve¬ 
ment,  and  in  all  such  other  respects  as  experience  may  suggest. 

Rights  of  infants. 

§  19.  When  any  known  owner,  or  other  person  having  an  interest  in 
any  real  estate,  residing  in  the  city  or  elsewhere,  shall  be  an  infant,  and 
any  proceedings  shall  be  had  under  this  act,  the  judge  of  the  circuit  court 
of  St.  Clair  county,  the  county  judge  of  said  county,  or  any  judge  of  the 
supreme  court,  may,  upon  the  application  of  the  city  council,  or  such  infant 
or  his  next  friend,  appoint  a  guardian  for  such  infant,  taking  security  from 
such  guardian  for  the  faithful  execution  of  such  trust,  and  all  notices  and 
summons  required  by  this  act  shall  be  served  on  such  guardian. 

ARTICLE  VIII. 

Improvements  of  streets ,  dtc. 

§  1.  The  city  council  shall  have  power,  from  time  to  time,  to  cause  any 
street,  alley  or  other  highway  to  be  graded,  regraded,  leveled,  paved  or 
planked,  and  keep  the  same  in  repair,  and  alter  and  change  the  same. 

Sidewalks. 

Second. — To  cause  sidewalks  and  crosswalks,  main  drains  and  sewers 
and  private  drains  to  be  constructed  and  laid,  relaid,  cleansed  and  repaired, 
and  regulate  the  same. 

Public  Square. 

Third. — To  grade,  improve,  protect  and  ornament  any  public  square, 
or  other  public  ground,  now  or  hereafter  laid  out. 


CITY  OP  BELLEVILLE. 


57 


Collect  City  Taxes. 

Fourth. — The  city  council  shall  have  additional  powers  to  assess  and 
collect  of  the  owners  of  lots  or  real  estate  on  any  street  or  other  highway, 
or  any  part  thereof,  in  the  jame  manner  as  other  city  taxes,  or  in  such 
manner  as  may  be  prescribed  by  ordinance,  for  the  purpose  of  grading, 
macadamizing,  paving  or  planking  such  street  or  other  highways  :  Pro¬ 
vided ,  that  such  tax  shall  not  exceed  five  mills  per  annum  of  the  value  of 
the  property  assessed. 

City  Districts. 

§  2.  That,  for  the  purpose  of  establishing  a  system  of  sewerage  and 
drainage,  the  city  council  may  have  power  to  cause  the  city  to  be  laid  off 
into  districts,  to  be  drained  by  principal  and  lateral  or  tributary  sew%rs  or 
drains,  having  reference  to  a  general  plan  of  drainage,  by  sewers  and 
drains,  for  the  whole  city,  and  number  and  record  the  same. 

Special  Tax. 

§  8.  That  whenever  a  majority  in  number  of  the  owners  of  real  estate 
within  any  district  shall  petition  the  city  council  for  the  construction  of 
such  drains  or  sewers  in  such  district,  the  city  council  shall,  have  power  to 
levy  and  collect  a  special  tax  on  the  real  estate  within  the  district  so 
drained,  and  not  to  exceed  five  (5)  mills  to  the  dollar,  per  annum,  on  the 
assessed  value  thereof,  for  the  purpose  of  constructing  such  sewers  and 
drains ;  which  tax  [shall]  be  annually  levied  and  collected  as  other  city 
taxes  by  law,  and  shall  constitute  a  lien  on  the  real  estate  in  the  district 
in  which  it  is  assessed ;  and  the  city  council  shall  have  pover  to  provide 
for  the  construction  and  letting  of  such  sewers  and  drains,  or  such  parts 
thereof  as  they  shall  deem  necessary,  and  may  from  time  to  time  extend, 
enlarge  or  alter  the  same,  upon  such  terms  and  conditions  as  they  shall  deem 
necessary ;  and  the  city  council  shall  have  power  to  borrow  money  for  the 
construction  of  such  sewers  and  drains,  payable  in  principal  and  interest 
from  the  special  tax  collected  in  such  districts,  or  the  city  council  may 
apportion  the  estimated  cost  of  such  drains  and  sewers,  and  collect  the 
same  by  a  series  of  annual  assessments.  But  no  ordinance  creating  such 
debt,  special  tax  or  apportionment  shall  be  repealed  or  altered  until  the 
debt  created  thereby  shall  have  been  paid. 

Sidewalks. 

§  4.  All  owners  or  occupants  of  lots  or  lands  in  front  of,  adjoining  or 
upon  whose  premises  the  city  council  shall  order  and  direct  sidewalks  or 
private  drains,  communicating  with  any  main  drain,  to  be  constructed, 


58 


THE  CHARTER  OF  THE 


graded,  repaired,  relaid  or  cleansed,  or  shall  declare  any  such  land  or  lots 
to  be  nuisances,  and  order  the  same  to  [be]  graded,  filled  up  and  drained, 
or  otherwise  improved,  shall  make,  grade,  repair  or  relay  such  side-walks, 
or  make,  repair  or  cleanse  such  private  drain,  or  grade,  fill  up,  drain  or 
otherwise  improve  such  lot  or  land  at  their  own  cost  and  charges,  within  the 
time  and  in  the  manner  prescribed  by  ordinance  or  otherwise,  and  if  not 
done  within  the  time  and  in  the  manner  prescribed,  the  city  council  may 
cause  the  same  to  be  constructed,  repaired,  relayed,  cleansed,  filled  up, 
graded,  drained,  or  otherwise  improved,  and  assess  the  expense  thereof, 
by  an  order,  to  be  entered  in  their  proceedings,  upon  the  lots  and  lands 
respectively,  and  collect  the  same  by  warrant  and  sale  of  the  premises,  as 
in  other  cases.  A  suit  may  also  be  maintained  against  the  owner  or 
occupant  of  suck  premises,  for  the  recovery  of  such  expenses  as  for  money 
paid  and  laid  out  to  his  use  at  his  request. 

Tax  for  the  removal  of  nuisances. 


§  5.  In  all  cases  where  expenses  may  be  incurred  in  the  removal  of  any 
nuisance,  the  city  council  may  cause  the  same  to  be  assessed  against  the 
real  estate  chargeable  therewith,  in  the  same  manner  prescribed  in  the 
foregoing  section.  Such  expenses  may  be  likewise  collected  of  the  owner 
or  occupant  of  such  premises,  in  a  suit  for  money  expended  to  his  or  their 
use ;  and  in  case  the  same  should  not  be  chargeable  to  any  real  estate, 
suit  may  in  like  manner  be  brought  for  such  expenses  against  the  author 
of  such  nuisance,  if  known,  or  any  person  whose  duty  it  may  be  to  remove 
or  abate  the  same. 

Cleansing  of  alleys. 

§  6.  The  city  council  shall  have  power  to  compel  the  owners  of  lots  or 
ground  frontirg  or  adjoining  any  private  or  public  alley,  to  keep  said  alley 
clean,  and,  if  necessary,  to  direct  the  same  to  be  paved,  macadamized, 
planked,  or  otherwise,  and  the  costs  thereof  to  be  assessed  and  collected 
in  the  same  manner  as  sidewalk  assessments. 


ARTICLE  IX. 


Assessors  and  assessment  lists. 


§  1.  The  city  council  shall  have  power,  by  ordinance,  to  prescribe  the 
form  [of]  assessment  lists,  and  prescribe  the  duties  and  define  the  powers 
of  assessors.  They  may  also  make  such  rules  and  give  such  directions  in 
relation  to  Tevising,  altering  or  adding  to  the  lists  as  they  may  deem 
proper  and  expedient. 

§  2.  The  annual  assessment  lists  shall  be  returned  by  the  assessor  on  or 


CITY  OF  BELLEVILLE. 


59 


before  the  first  Monday  in  August  in  each  year,  but  the  time  may  be 
extended  by  order  of  the  city  council.  On  the  return  thereof,  the  city 
council  shall  fix  a  day  for  hearing  objections  thereto,  and  the  register  shall 
give  notice  of  the  time  and  place  of  such  hearing,  by  publication  in  the 
newspaper  publishing  the  ordinances  of  the  city ;  and  any  person  feeling 
aggrieved  by  the  assessment  of  his  property  may  appear  at  the  time  speci¬ 
fied,  and  make  his  objections.  The  city  council  shall  have  power  to  supply 
omissions  in  said  assessment  lists,  and,  for  the  purpose  of  equalizing  the 
same,  to  alter,  add  to,  take  from,  and  otherwise  correct  and  revise  the  same, 
or  to  refer  the  same  back  to  the  assessor,  with  instructions  to  correct  and 
revise  the  same. 

Assessment  lists  filed. 

§  3.  When  the  assessment  lists  have  been  corrected  and  revised,  the 
same  shall  be  filed,  and  an  order  confirming  the  same  and  directing  the 
warrant  to  be  issued  for  the  collection  thereof  shall  be  entered  by  the 
register.  The  city  council  shall  thereupon,  by  an  ordinance  or  resolution, 
levy  such  sum  or  sums  of  money  as  may  be  sufficient  for  the  several  pur¬ 
poses  for  which  taxes  are  herein  authorized  to  be  levied,  not  exceeding  the 
authorized  per  centage,  particularly  specifying  the  purposes  for  which  the 
same  are  levied,  and  if  not  for  general  purposes,  the  division  of  the  city 
upon  which  the  same  are  laid. 

Assessments  a  lien. 

§  4.  All  taxes  and  assessments,  general  or  special,  levied  or  assessed  by 
the  city  council  under  this  act,  or  any  ordinance  in  pursuance  thereof,  shall 
be  a  lien  upon  the  real  estate  upon  which  the  same  may  be  imposed,  voted 
or  assessed  for  two  vears  from  and  after  the  corrected  assessment  lists  shall 
be  confirmed,  or  the  passage  of  the  order  for  assessment,  and  on  personal 
estate,  from  and  after  the  delivery  of  the  warrant  for  the  collection  thereof 
until  paid,  and  no  sale  or  transfer  shall  affect  the  lien.  Any  personal 
property  belonging  to  the  debtor  may  be  taken  and  sold  for  the  payment 
of  taxes  on  real  or  personal  estate,  and  the  real  estate  shall  be  liable  for 
the  taxes  on  personal  estate  in  case  of  removal,  or  when  the  tax  cannot 
be  made  out  of  the  personal  estate,  in  the  same  manner  as  is  prescribed  by 
the  laws  of  the  State  :  Provided ,  that  in  case  the  collection  of  any  assess¬ 
ment  shall  be  delayed  by  injunction,  or  other  judicial  proceedings,  the  same 
shall  continue  a  lien,  unless  set  aside,  upon  the  real  estate,  for  the  period 
of  two  years  from  and  after  the  final  disposition  of  such  injunction  or  other 
judicial  proceeding. 


60 


THE  CHARTER  OF  THE 


Issue  warrants  for  taxes. 

§  4.  The  register  shall  issue  a  warrant  or  warrants  for  the  taxes,  and 
rule  therein  separate  columns,  in  which  the  taxes  levied  shall  be  respectively 
set  down  opposite  the  name  of  the  person  or  such  real  estate  subject  thereto. 
Each  column  shall  be  headed  with  the  name  of  the  tax  therein  set  down 

• 

Warrants  signed  by  Mayor . 

§  6.  All  warrants  issued  for  the  collection  of  general  or  special  taxes 
and  assessments  shall  be  signed  by  the  mayor  and  register,  with  the  corpo¬ 
rate  seal  thereto  attached,  and  shall  contain  true  and  perfect  copies  of  the 
corrected  assessment  lists,  upon  which  the  same  may  be  issued.  They 
shall  be  delivered  to  the  collector  for  collection  within  thirty  days  after  the 
filing  of  the  corrected  lists,  unless  further  time  for  this  purpose  shall  be 
given  by  the  city  council.  If  not  otherwise  paid,  the  collector  shall  have 
power  to  collect  said  taxes,  with  interest  and  costs,  by  suit  m  the  corporate 
name,  or  by  distress  and  sale  of  personal  property  as  aforesaid,  after  a 
demand  and  refusal  to  pay  the  same :  Provided,  a  notice,  published  by  the 
collector  for  ten  days  in  the  newspaper  printing  the  ordinances  of  the  city, 
shall  be  deemed  a  demand,  and  a  neglect  to  pay  taxes  for  twenty  days 
thereafter  shall  be  deemed  a  refusal.  The  assessor’s  list  shall,  in  all  cases, 
be  evidence  on  the  part  of  the  city  corporation. 

Collector  collect  taxes. 

§  7.  All  taxes  and  assessments,  general  or  special,  shall  be  collected  by  the 
collector  in  the  same  manner  and  with  the  same  power  and  authority  as 
is  given  by  law  to  collectors  of  county  and  State  taxes.  He  shall  pay  the 
same  as  fast  as  collected  into  the  city  treasury,  and  his  duty  in  regard  to 
returning  warrants  and  settling  with  the  city,  and  his  liabilities,  in  case  of 
default  or  misconduct,  shall  be  the  same  as  prescribed  by  law :  Provided , 
the  city  council  shall  have  the  powers,  duties  and  liabilities  of  collectors  by 
ordinance. 

Non-payment. 

§  8.  Whenever  the  city  council  shall  by  ordinance,  resolution,  or  other 
proceeding,  in  conformity  with  and  by  virtue  of  this  act,  levy  any  tax, 
either  for  general  or  special  purposes,  or  make  any  assessment  on  any  lot, 
ground  or  real  estate,  for  the  purpose  of  improving  any  street,  sidewalk  or 
alley,  or  for  grading  any  lot  or  real  estate,  and  such  tax  or  taxes  shall  not 
be  paid  within  the  time  fixed  by  ordinance,  the  collector  shall  give  thirty 
days’  notice  by  advertisement  in  the  newspaper  publishing  the  city 
ordinances,  that  he  will  apply  to  the  county  court  of  St.  Clair  county,  for 
the  purpose  of  obtaining  a  judgment  against  such  delinquent  lot  or  parcel 


CITY  OF  BELLEVILLE. 


61 


of  real  estate,  for  the  amount  of  taxes  or  assessments  and  costs  due  and 
unpaid ;  and  the  county  court  shall  hear  and  determine  said  application 
and  render  judgment  against  said  delinquent  real  estate  in  the  same 
manner,  and  said  judgment  shall  have  the  like  effect  as  though  said 
delinquent  list  had  beten  returned  to  the  county  court  by  the  sheriff  or 
collector  of  the  county  in  the  collection  of  State  and  county  taxes,  and  the 
county  court  shall  issue  its  precepts  or  order  to  the  collector  of  the  city, 
directing  him  to  sell  said  real  estate  at  public  auction,  to  pay  said  delinquent 
taxes,  assessments  and  costs.  The  city  council  shall  have  full  power  to 
adopt  any  regulation  or  proceeding  they  may  deem  necessary  to  carry  this 
section  into  effect,  and  to  fix  the  time  of  said  application  to  the  county 
court  and  the  time  and  place  of  the  sale  of  said  real  estate. 

Sale  for  taxes. 

§  10.  All  sales  shall  be  conducted  in  the  manner  required  by  law, 
but  the  city  council  shall  have  power  to  prescribe  the  manner  of  conduct¬ 
ing  the  same.  The  sale  shall  be  made  for  the  smallest  portion  of  ground, 
to  be  taken  from  the  east  side  of  the  premises,  for  which  any  person  will 
take  the  same,  and  pay  the  taxes  or  assessments  thereon,  with  interest  and 
costs  of  sale.  Duplicate  certificates  of  sale  shall  be  made  and  subscribed 
by  the  collector,  one  of  which  shall  be  delivered  to  the  purchaser,  and  the 
other  filed  in  the  office  of  the  register,  which  certificate  shall  contain  the 
name  of  the  purchaser,  a  description  of  the  premises  sold,  the  amount  of 
taxes  or  assessments,  with  the  interest  and  expenses  for  which  the  same 
was  sold,  and  the  time  when  the  right  to  redeem  will  expire.  The  collec¬ 
tor  shall  be  allowed  the  same  fees  for  selling  as  are  allowed  by  law  for 
similar  services,  or  his  fees  may  be  regulated  by  ordinance.  The  register 
shall  keep  a  record  of  such  sales,  which  shall  be  open  to  public  inspection 
at  all  reasonable  times. 

Redemption. 

§  11.  The  right  of  redemption  in  all  cases  of  sales  for  taxes  or  assess¬ 
ments,  shall  exist  to  the  owner,  his  heirs,  creditors,  or  assigns,  to  the  same 
extent  as  is  allowed  by  law  in  cases  of  sales  of  real  estate  for  taxes,  on  the 
payment  in  specie  of  double  the  amount  for  which  the  same  was  sold,  and 
all  taxes  accruing  subsequent  to  the  sale,  with  interest.  If  the  real  estate 
of  any  infant,  feme  covert ,  or  lunatic,  be  sold  under  this  act,  the  same  may 
be  redeemed  at  any  time  within  one  year  after  such  disability  is  removed. 
In  case  of  redemption,  the  money  may  be  paid  to  the  purchaser,  or  for  him 
to  the  city  register,  who  shall  make  a  special  deposit  thereof  with  the 
treasurer,  taking  his  receipt  therefor.  If  not  redeemed  according  to  law, 


62 


THE  CHARTER  OF  THE 


the  city  council  shall,  upon  the  return  of  the  certificate,  or  proof  of  its  loss, 
direct  a  deed  to  be  executed  to  the  purchaser,  under  the  corporate  seal, 
signed  by  the  mayor  or  presiding  officer  of  the  city  council,  and  counter¬ 
signed  by  the  register  conveying  to  such  purchaser  the  premises  so  sold 
and  unredeemed  as  aforesaid.  An  abstract  of  all  deeds  so  made  and 
delivered  shall  be  entered  by  the  register  in  the  book  wherein  tax  sales  are 
recorded.  A  fee  of  one  dollar  may  be  charged  by  the  register  for  any 
deed  so  issued. 

Deed. 

§  12.  The  assignee  of  any  tax  certificate  of  any  premises  sold  for  taxes, 
or  assessments,  under  authority  of  the  city,  shall  be  entitled  to  receive  a 
deed  of  such  premises,  in  his  own  name,  and  with  the  same  effect  as  though 
he  had  been  the  original  purchaser. 

§  13.  If  at  any  sale  of  real  or  personal  estate  for  taxes  or  assessments, 
no  bid  shall  be  made  for  any  parcel  of  land,  or  any  goods  and  chattels,  the 
same  shall  be  struck  off  to  the  city,  and  thereupon  the  city  shall  receive, 
in  the  corporate  name,  a  certificate  of  the  sale  thereof,  and  shall  be  vested 
with  the  same  rights  as  other  purchasers  at  such  sales. 

Deeds  evidence. 

§  14.  All  deeds  made  to  purchasers  of  lots  sold  for  taxes  or  assessments, 
by  order  of  the  city  council,  shall  be  prima  facie  evidence  in  all  contro¬ 
versies  and  suits  in  relation  to  the  right  of  the  purchaser,  his  heirs  or 
assigns,  to  the  premises  thereby  conveyed,  of  the  following  facts : 

First. — That  the  land  or  lot  conveyed  was  subject  to  taxation  or  assess¬ 
ment  at  the  time  the  same  was  advertised  for  sale,  and  had  been  listed  and 
assessed  in  the  time  and  manner  required  by  law. 

Second. — That  the  taxes  or  assessments  were  not  paid  at  any  time  before 
the  sale. 

Third. — That  the  land  conveyed  had  not  been  redeemed  from  the  sale 
at  the  date  of  the  deed,  and  shall  be  conclusive  evidence  of  the  following 
facts : 

First. — That  the  land  or  lot  was  advertised  for  sale  the  length  of  time 
and  in  the  manner  required  by  law. 

Second. — That  the  land  was  sold  for  taxes  or  assessments,  as  stated  in 
the  deed. 

Third. — That  the  grantor  in  the  deed  was  the  purchaser. 

Fourth. — That  the  sale  was  conducted  in  the  manner  required  by  law ; 
and  in  all  controversies  and  suits  involving  the  title  to  land  claimed  and 
held  under  and  by  virtue  of  such  deed,  the  person  or  persons  claiming  title 


CITY  OF  BELLEVILLE. 


63 


adverse  to  the  title  conveyed  by  such  deed,  shall  be  required  to  prove,  in 
order  to  defeat  the  said  title,  either  that  the  land  was  not  subject  to  taxa¬ 
tion  at  the  date  of  the  sale,  that  the  taxes  or  assessments  had  been  paid, 
that  the  said  land  had  never  been  listed  or  assessed  for  taxation  or  assess¬ 
ment,  or  that  the  same  had  been  redeemed  according  to  the  provisions  of 
the  act,  and  that  such  redemption  was  made  for  the  use  and  benefit  of  the 
persons  having  the  right  of  redemption  under  the  laws  of  the  State;  but 
no  person  shall  be  permitted  to  question  the  title  acquired  by  the  said 
deed,  without  first  showing  that  he,  she  or  they,  or  the  person  under  whom 
he,  she  or  they  claim  title,  had  title  to  the  land  at  the  time  of  the  sale,  or 
that  the  title  was  obtained  from  the  United  States,  or  this  State,  after  the 
sale,  and  that  all  taxes  due  upon  the  lands  have  been  paid  by  such  persons 
or  the  person  under  whom  he  claims  title  as  aforesaid. 

ARTI CLE  X. 

Wooden  buildings. 

§  1.  The  city  council,  for  the  purpose  of  guarding  against  the  calamities 
of  fire,  shall  have  power  to  prohibit  the  erection,  placing  or  repairing  of 
wooden  buildings,  within  the  limits  prescribed  by  them,  without  their 
permission,  and  direct  and  prescribe  that  all  buildings  within  the  limits 
prescribed  shall  be  made  or  constructed  of  fire-proof  materials,  and  to 
prohibit  the  rebuilding  or  repairing  of  wooden  buildings  within  the  fire 
limits,  when  the  same  shall  have  been  damaged  to  the  extent  of  fifty  per 
cent,  of  the  value  thereof,  and  to  prescribe  the  manner  of  ascertaining  such 
damage.  To  declare  all  dilapidated  buildings  to  -be  nuisances,  and  to 
direct  the  same  to  be  repaired,  removed  or  abated  in  such  manner  as  they 
shall  prescribe  and  direct;  to  declare  all  wooden  buildings  within  the  fire 
limits,  which  they  may  deem  dangerous  to  contiguous  buildings,  or  in 
causing  or  promoting  fires,  to  be  nuisances,  and  to  require  and  cause  the 
same  to  be  removed  or  abated  in  such  manner  as  they  shall  prescribe. 

Chimneys. 

§  2.  The  city  council  shall  have  power — 

First. — To  regulate  the  construction  of  chimneys  and  flues  so  as  to 
admit  of  chimney  sweeps,  or  other  mode  of  cleaning,  and  to  compel  the 
sweeping  and  cleaning  of  chimneys. 

Second. — To  prevent  and  prohibit  the  dangerous  construction  and 
condition  of  chimneys,  flues,  fire  places,  stove  pipes,  ovens,  or  any  other 
apparatus  used  in  or  about  any  building  or  manufactory,  and  to  cause  the 
same  to  be  removed  or  placed  in  a  secure  and  safe  condition,  and  to  cause 
such  as  may  be  dangerous  to  be  put  in  safe  condition. 


64 


THE  CHARTER  OF  THE 


Ashes ,  etc. 

Third. — To  prevent  the  deposit  of  ashes  in  unsafe  places,  and  to  appoint 
one  or  more  officers  to  enter  all  buildings  and  inclosures,  to  examine  and 
discover  whether  the  same  are  in  a  dangerous  state,  and  to  cause  such  as 
may  be  dangerous  to  be  put  in  safe  condition. 

Fire  Buckets. 

Fourth. — To  require  the  inhabitants  to  provide  as  many  fire  buckets, 
and  in  such  manner  and  time  as  they  shall  prescribe,  and  to  regulate  the 
use  thereof  in  times  of  fire,  and  to  require  all  owners  and  occupants  of 
buildings  to  construct  and  keep  in  repair  wells  or  cisterns  upon  their 
premises. 

Fifth. — To  regulate  and  prevent  the  carrying  on  of  manufactories  and 
wTorks  dangerous  in  promoting  or  causing  fires. 

Sixth. — To  regulate,  prevent  and  prohibit  the  use  of  fire  works  and  fire 
arms. 

Gunpowder ,  etc. 

Seventh. — To  direct  and  prohibit  the  management  of  houses  for  the 
storing  of  gunpowder,  and  other  combustible  and  dangerous  materials, 
within  the  city  ;  to  regulate  the  keeping  and  conveying  of  the  same,  and 
the  use  of  candles  and  other  lights  in  stables  and  other  like  houses. 

Eighth. — To  regulate  and  prescribe  the  manner,  and  order  the  building 
of  parapet  and  partition  walls  and  of  partition  fences. 

Ninth. — To  compel  the  owners  or  occupants  of  houses  or  other  build¬ 
ings  to  have  scuttles  in  the  roofs,  and  stairs  or  ladders  leading  to  the  same. 

Authority  of  the  mayor  and  other  officers  in  case  of  fire. 

Tenth. — To  authorize  the  mayor,  fire  wardens  or  other  officers  of  said 
city,  to  keep  away  from  the  vicinity  of  any  fire  all  idle  and  suspicious 
persons,  and  to  compel  all  officers  of  the  city,  and  all  other  persons,  to  aid 
in  the  extinguishment  of  fires,  and  in  the  preservation  of  property  exposed 
to  danger  thereat,  and  in  preventing  goods  from  being  stolen. 

Eleventh. — And  generally  to  establish  such  regulations  for  the  prevention 
and  extinguishment  of  fires  as  the  city  council  may  deem  expedient. 

Fire  Engines. 

§  3.  The  city  council  may  procure  fire  engines,  and  all  other  apparatus 
used  for  the  extinguishment  of  fires,  and  have  the  charge  and  control  of 
the  same,  and  provide  fit  and  secure  houses  and  other  places  for  keeping 
and  preserving  the  same ;  and  shall  have  power — 

First. — To  organize  fire,  hook,  hose,  axe  and  ladder  companies. 


CITY  OF  BELLEVILLE. 


65 


Second . — To  appoint,  during  their  pleasure,  a  competent  number  of 
able  and  reputable  inhabitants  of  the  city  firemen,  to  take  care  and  have 
the  management  of  the  engines  and  other  apparatus  and  implements  used 
and  provided  for  the  extinguishment  of  fires. 

Prescribe  the  duties  of  firemen. 

Third. — To  prescribe  the  duties  of  firemen,  and  to  make  rules  and 
regulations  for  their  government,  and  to  impose  reasonable  penalties  upon 
them  for  a  violation  of  the  same,  and  for  incapacity,  neglect  of  duty  or 
misconduct,  to  remove  them. 

Engineers. 

Fourth. — The  city  council  shall  have  power  to  appoint  a  chief  and 
assistant  engineers  of  the  fire  department,  and  they,  with  the  other 
firemen,  shall  take  the  care  and  management  of  the  engines  and  other 
apparatus  and  implements  provided  and  used  for  the  extinguishment  of 
fires,  and  their  powers  and  duties  shall  be  prescribed  and  defined  by  the 
city  council. 

Firemen  to  be  exempt  from  serving  as  J urors,  etc. 

§  4.  The  members  of  the  city  council  and  firemen  shall,  during  their 
terms  of  service  as  such,  be  exempted  from  serving  on  juries,  in  the  militia, 
or  working  on  the  streets,  or  paying  tax  for  the  same.  The  name  of  each 
fireman  shall  be  registered  with  the  register  of  the  city,  and  the  evidence 
to  entitle  him  to  the  exemption  provided  in  this  section,  shall  be  the 
certificate  of  the  register,  under  the  corporate  seal,  for  the  year  for  which 
exemption  is  claimed. 

ARTICLE  XI. 

Health  Commissioners. 

§  1.  The  board  of  health  shall  consist  of  one  alderman  from  each  ward, 
to  be  appointed,  annually,  by  the  mayor;  and  the  mayor,  or  presiding 
officer  of  the  city  council,  shall  be  president  of  the  board,  and  the  city  reg¬ 
ister  shall  be  their  clerk,  and  keep  minutes  of  its  proceedings. 

Duty. 

§  2.  It  shall  be  the  duty  of  health  officers  to  visit  every  sick  person 
who  may  be  reported  to  them  as  hereinafter  provided,  and  to  report,  with 
all  convenient  speed,  their  opinion  of  the  sickness  of  such  person  to  the 
clerk  of  the  board,  and  to  visit  and  inspect  all  houses  or  places  in  which 
they  may  suspect  any  person  to  be  confined  with  any  pestilential  or  infec¬ 
tious  disease,  or  to  contain  unsound  provisions,  or  damaged  or  putrid  animal 
or  vegetable  matter,  or  other  unwholesome  articles,  and  to  make  report  of 

the  state  of  the  same,  with  all  convenient  speed,  to  the  clerk  of  the  board. 

5 


66 


THE  CHARTER  OF  THE 


Removal  of  diseased  persons. 

§  3.  All  persons  in  the  city,  not  residents  thereof,  who  may  be  infected 
with  any  pestilential  or  infectious  disease,  or  all  things  which,  in  the  opinion 
of  the  board,  shall  be  infected  by  or  tainted  with  pestilential  matter,  and 
ought  to  be  removed,  so  as  not  to  endanger  the  health  of  the  city,  shall, 
by  order  of  said  board,  be  removed  to  some  proper  place,  not  exceeding 
five  miles  beyond  the  limits  of  the  city,  to  be  provided  by  the  board,  at 
the  expense  of  the  person  removed,  if  able  ;  and  the  board  may  order  any 
furniture  or  wearing  apparel  to  be  destroyed,  whenever  they  may  deem  it 
necessary  for  the  health  of  the  city,  by  making  just  compensation. 

Prescribe  powers  and  duties  of  the  Commissioners. 

§  4.  The  city  council  shall  have  power  to  prescribe  the  powers  and 
duties  of  the  board  of  health,  and  to  punish,  by  fine  or  imprisonment,  or 
both,  any  refusal  or  neglect  to  obey  the  orders  and  regulations  of  the  board. 

§  5.  The  health  officers  may  be  authorized  by  the  city  council,  when 
the  public  interests  require,  to  exercise,  for  the  time  being,  such  powers, 
and  perform  such  of  the  duties,  of  the  marshal  or  supervisor,  as  the  city 
council  may,  in  their  discretion,  direct,  and  shall  be  authorized  to  enter  all 
houses  and  other  places,  private  or  public,  at  all  times,  in  the  discharge  of 
any  duty  under  this  act,  or  any  ordinance. 

Physicians  to  make  report. 

§  6.  Every  person  practicing  physic  in  this  city,  who  shall  have  a  patient 
laboring  under  any  malignant,  infectious  or  pestilential  disease,  sh;dl  forth¬ 
with  make  report  thereof,  in  writing,  to  the  clerk  of  the  board,  and  for 
neglect  to  do  so  shall  be  considered  guilty  of  misdemeanor,  and  liable  to 
a  fine  of  fifty  dollars,  to  be  sued  for  and  recovered,  with  costs,  in  an  action 
of  debt,  in  any  court  having  cognizance  thereof,  or  before  a  justice  of  the 
peace,  for  the  use  of  the  city. 

ARTICLE  XIII. 

Miscellaneous  Provisions — Publish  statements. 

§  1.  The  city  council  shall,  at  least  ten  days  before  the  annual  election 
in  each  year,  cause  to  be  published  in  the  newspaper  publishing  the  ordi¬ 
nances  of  the  city,  a  correct  and  full  statement  of  the  receipts  and  expen¬ 
ditures  from  the  date  of  the  last  annual  report,  together  with  the  source3 
from  whence  the  former  are  derived,  and  the  mode  of  disbursement,  and 
also  a  distinct  statement  of  the  whole  amount  assessed,  received  and 
expended  in  the  respective  wards  and  divisions,  for  making  and  repairing 
streets,  highways  and  bridges  for  the  same  peiiod,  together  with  such 


CITY  OF  BELLEVILLE. 


67 


information  as  may  be  necessary  to  a  full  understanding  of  the  financial 
concerns  of  the  city. 

J 

Exempt  from  road  labor. 

§  2.  The  inhabitants  of  the  city  of  Belleville  are  hereby  exempt  from 
working  upon  any  road  or  highway  beyond  the  limits  of  the  city,  and 
from  paying  the  tax  in  lieu  thereof  without  said  limits. 

§  3.  The  street  inspector  shall  demand  the  services  of  all  persons  who 
are  required  to  labor  on  the  streets  and  alleys  of  the  city,  at  such  time  and 
place,  and  in  such  manner,  as  the  city  council  may  direct  or  the  inspector 
shall  deem  necessary.  He  shall  deliver,  or  cause  to  be  delivered  or  left  at 
the  usual  place  of  abode  or  business  of  any  person  so  required  to  labor  as 
aforesaid,  a  written  or  printed  notice,  or  partly  written  or  printed  notice, 
in  such  form  as  the  city  council  shall  prescribe;  which  notice  shall  be  given 
at  least  five  days  previous  to  the  first  day  on  which  he  or  they  are  required 
to  labor,  requiring  such  person  to  appear  at  such  time  and  place  as  may 
be  designated,  for  the  purpose  of  laboring  upon  the  streets  and  alleys. 
But  a  similar  notice,  published  for  ten  days  in  the  newspaper  publishing 
the  ordinances  of  the  city,  by  the  inspector,  or  posted  in  three  of  the 
public  places  of  the  ward  or  district,  shall  be  deemed  a  sufficient  notice 
to  require  all  persons  to  appear  and  labor  as  aforesaid.  Upon  the  neglect 
of  any  person  to  appear  and  labor  as  aforesaid,  or  to  pay  the  tax  in  lieu 
thereof,  the  collector  shall  collect  from  each  person,  in  the  same  manner 
as  other  taxes,  the  sum  of  three  dollars,  with  his  commission  for  collecting 
the  same  added  thereto. 

Fines ,  etc. 

§  4.  All  fines,  forfeitures  and  penalties  collected  for  offences  committed 
within  the  city  shall  be  paid  into  the  treasury  of  said  city  by  the  officers 
collecting  the  same,  and  all  fines  and  forfeitures  collected  of  any  citizen  of 
said  city  for  any  conviction  in  the  circuit  court,  shall  be  paid  over  in  like 
manner. 

Richland  creek. 

§  5.  The  water  course  known  as  Richland  creek  in  said  city,  or  any 
natural  branch  leading  thereinto,  shall  not  be  filled  up,  altered  or  changed, 
except  in  the  manner  prescribed  by  the  city  council;  and  the  city  council 
shall  have  power  to  establish  and  direct,  and  prescribe  the  manner  of  alter¬ 
ing,  changing  and  straightening,  and  to  wall,  fill  up,  culvert  or  sewer  the 
same. 

Numbering  lots. 

§  6.  The  city  council  shall  have  power  to  cause  the  blocks  and  lots  of 
the  city  to  be  surveyed,  platted  and  numbered  in  consecutive  numbers  from 


63 


THE  CHARTER  OF  THE 


one  upwards,  and  to  designate  and  number  all  fractional  or  other  lots  or 
blocks  in  such  manner  as  they  may  prescribe  by  ordinance,  and  such  plat, 
designation  and  numbers,  when  made  and  duly  recorded,  shall  be  a  good 
and  valid  description  of  said  blocks  and  lots  or  fractional  blocks  and  lots. 
To  establish,  mark  and  declare  the  boundaries  and  names  of  streets  and 
alleys  ;  to  require  that  all  additions  hereafter  made  to  said  city,  or  all  lands 
adjoining  or  within  the  same,  laid  out  into  blocks  or  lots,  shall  be  so  laid 
out  and  platted  as  to  correspond  and  conform  to  the  regular  blocks,  streets 
and  alleys  already  laid  out  and  established  within  the  city. 

Expenditures. 

§  7.  The  city  council  shall,  in  all  expenditures  for  purposes  strictly  local, 
expend  annually,  in  the  several  natural  divisions  of  the  city,  such  propor¬ 
tion,  as  near  as  may  be,  of  the  whole  expenditures  for  like  purposes  during 
the  same  period,  as  will  correspond  to  the  several  sums  contributed  by  each 
division  to  the  general  fund  ;  street  taxes  shall  be  expended  in  the  several 
wards  or  districts  where  the  persons  paying  the  same  may  respectively 
[reside]. 

Penalty  of  Inspector. 

§  8.  The  street  inspector,  in  addition  to  the  penalties  prescribed  by  or¬ 
dinance,  shall,  for  willful  neglect  of  duty,  be  liable  to  indictment  and  fine, 
in  the  same  manner  as  supervisors  under  the  State  laws. 

Remittance  of  Fines. 

§  9.  Neither  the  city  council  or  mayor  shall  remit  any  fine  or  penalty 
imposed  upon  any  person  for  a  violation  of  any  laws  or  ordinances  of  said 
city,  or  release  from  confinement,  unless  two-thirds  of  all  the  aldermen 
elected  shall  vote  for  such  release  or  remission  ;  nor  shall  anything  in  this 
act  be  so  construed  as  to  oust  any  court  of  jurisdiction  to  abate  and  remove 
nuisances  within  its  jurisdiction,  by  indictment  or  otherwise. 

Vote  of  City  Council. 

§  10.  No  vote  of  the  city  council  shall  be  reconsidered  or  rescinded  at 
a  special  meeting,  unless  the  meeting  be  called  in  whole  or  in  part  for  that 
purpose,  and  the  aldermen  be  notified,  and  unless  at  such  special  meeting 
there  be  present  as  large  a  number  of  aldermen  as  were  present  when  the 
vote  was  taken. 

Ordinances  and  By-Laws  to  be  Published. 

g  11.  Every  ordinance,  regulation  and  by-law  imposing  any  penalty, 
fine,  imprisonment,  or  forfeiture  for  a  violation  of  its  provisions,  shall,  after 
the  passage  thereof,  be  published  once  in  the  newspaper  publishing  the 


CITY  OF  BELLEVILLE. 


69 


ordinances  of  the  city,  and  proof  of  such  publication,  by  the  affidavit  of  the 
printer  or  publisher  of  such  newspaper,  taken  before  any  officer  authorized 
to  administer  oaths,  and  filed  with  the  register,  or  any  other  competent 
proof  of  such  publication,  shall  be  conclusive  evidence  of  the  legal  publica¬ 
tion  and  promulgation  of  such  ordinance,  regulation  or  by-law  in  all  courts 
and  places. 

Cemetery. 

§  12.  The  cemetery  lots  which  may  belaid  out  and  sold  by  the  city  or 
private  persons,  for  private  places  of  burial,  shall,  with  the  appurtenances, 
forever  be  exempt  from  execution  and  attachment. 

Suits  Brought  in  the  Name  of  the  City. 

§  13.  All  actions  brought  to  recover  any  penalty  or  forfeiture  incurred 
under  this  act,  or  any  ordinance,  by-law  or  police  regulation  made  in  pur¬ 
suance  thereof,  shall  be  brought  in  the  corporate  name.  It  shall  be  law¬ 
ful  to  declare  generally  in  debt,  for  such  penalty,  fine  or  forfeiture,  stating 
the  clause  of  this  act  or  the  by-law  or  ordinance  under  which  the  penalty 
or  forfeiture  is  claimed,  and  to  give  the  special  matter  in  evidence  under  it. 

First  Process. 

§  14.  In  all  prosecutions  for  any  violation  of  any  ordinance,  by-law  or 
other  regulation,  the  first  process  shall  be  a  summons,  unless  oath  or  affir¬ 
mation  be  made  for  a  warrant,  as  in  other  cases.  * 

Executions. 

§  15.  Execution  may  be  issued  immediately  on  rendition  of  judgment. 
If  the  defendant  has  no  goods,  or  chattels,  or  real  estate,  within  the  county 
of  St.  Clair,  whereof  the  judgment  can  be  collected,  the  execution  shall  re¬ 
quire  the  defendant  to  be  confined  in  the  county  jail,  or  woik  house,  or 
city  prison,  for  a  term  of  not  exceeding  six  months,  in  the  discretion  of  the 
court  rendering  judgment;  and  all  persons  who  may  be  committed  under 
this  section  shall  be  confined  one  day  for  each  one  dollar  of  such  judgment 
and  costs.  All  expenses  incurred  in  any  prosecution  for  the  recovery  of 
any  fine,  penalty  or  forfeiture,  when  collected,  shall  be  paid  into  the  city 
treasury. 

Penalty. 

§  16.  Any  person  who  shall  injure  or  destroy  any  bridge  or  any  public 
building  or  other  property  belonging  to  the  city,  or  shall  cause  or  procure 
the  same  to  be  injured  or  destroyed,  shall  be  subject  to  a  penalty  not 
exceeding  five  hundred  dollars  for  such  offence,  to  be  recovered  by  the  city 
in  an  action  of  debt,  and  may  be  imprisoned  not  exceeding  six  months,  in 
the  discretion  of  the  court  before  whom  such  conviction  may  be  had,  and 


THE  CHARTER  OF  THE 


70 

Buch  person  shall  also  be  liable  in  a  civil  action  at  the  suit  of  the  city,  for 
the  damages  occasioned  by  such  injury  or  destruction. 

Freeholders  not  Exempt  as  Judges,  etc . 

§  17.  No  person  shall  be  an  incompetent  judge,  justice,  witness  or  juror, 
by  reason  of  his  being  an  inhabitant  or  freeholder  in  the  city  of  Belleville, 
in  any  action  or  proceeding  in  which  said  city  may  be  a  party  in  interest. 

Ordinances  in  Force. 

§  18.  All  ordinances,  regulations  and  resolutions  now  in  force  in  the 
city  of  Belleville,  and  not  inconsistent  with  this  act,  shall  remain  in  force 
under  this  act  until  altered,  modified  or  repealed  by  the  city  council  after 
this  [act]  shall  take  effect. 

Suits. 

§  19.  All  rights,  actions,  fines,  penalties  and  forfeitures,  in  suit  or 
otherwise,  which  have  accrued  under  the  several  acts  consolidated  herein, 
shall  be  vested  in  and  prosecuted  by  the  corporation  hereby  created. 

Property. 

§  20.  All  property,  real,  personal  or  mixed,  belonging  to  the  city  of 
Belleville  is  hereby  vested  in  the  corporation  created  by  this  act,  and  the 
officers  of  said  corporation  now  in  office  shall  respectively  continue  in  the 
same,  until  superseded  in  conformity  to  the  provisions  hereof,  but  shall  be 
governed  by  this  act,  which  shall  take  effect  from  and  after  its  passage. 

Published  ordinances. 

§  21.  All  ordinances  of  the  city,  when  printed  and  published  by 
authority  of  the  city  council,  shall  be  received  in  all  courts  and  places 
without  further  proof. 

Style. 

§  22.  The  style  of  all  ordinances  shall  be,  “Be  it  ordained  by  the  City 
Council  of  the  City  of  Belleville.” 

§  23.  Any  tract  of  land  adjoining  said  city  which  may  be  laid  off  into 
blocks  or  lots,  and  duly  platted  according  to  law,  and  any  tract  of  land 
adjoining  the  city,  with  the  consent  of  the  owner  thereof,  shall  and  may 
be  annexed  to  said  city,  and  form  a  part  thereof. 

This  act  not  to  invalidate  acts  of  city  council. 

§  24.  This  act  shall  not  invalidate  any  legal  act  done  by  the  city 
council  of  the  city  of  Belleville,  or  by  its  officers,  nor  divest  their  successors 
under  this  act  of  any  rights  of  property  or  otherwise,  or  liability  which 
may  have  accrued  to  or  been  created  by  said  corporation  prior  to  the 
passage  of  this  act. 


CITY  OF  BELLEVILLE. 


71 


Police  magistrate. 

§  25.  The  city  council  shall  have  power  to  require  the  police  magistrate 
to  report  and  settle  quarterly,  or  oftener,  and  to  conform  to  the  ordinances 
and  resolutions  passed  from  time  to  time. 

Fees. 

§  26.  The  police  magistrate  and  all  other  officers  of  the  city  shall  not 
be  entitled  to  receive  any  fees  from  the  city  when  from  any  cause  the  city 
shall  be  unsuccessful  in  the  prosecution  of  any  action,  or  should  be  unable 
to  collect  any  fine  and  costs,  or  until  the  money  has  been  collected  by  the 
officer  authorized  to  collect  the  same. 

Breakers  of  peace. 

§  27.  All  officers  of  the  city  created  conservators  of  the  peace  by  this 
act,  or  authorized  by  any  ordinance,  shall  have  power  to  arrest  or  cause  to 
be  arrested,  with  or  without  process,  all  persons  who  shall  break  the  peace, 
or  threaten  to  break  the  peace,  or  be  found  violating  any  ordinance  of  this 
city,  commit  for  examination,  and,  if  necessary,  detain  such  person  in 
custody  over  night,  or  the  Sabbath,  in  the  watch-house,  or  other  safe  place, 
or  until  they  can  be  brought  before  a  magistrate,  and  shall  have  and  exer¬ 
cise  such  other  powers  as  conservators  of  the  peace  as  the  city  council  may 
prescribe. 

Power  of  council  heretofore. 

§  28.  Nothing  in  this  act  shall  be  so  construed  as  to  deprive  the  city 
council  of  said  city  of  any  powers  or  authority  conferred  upon  the  same  by 
the  act  incorporating  said  city,  and  the  various  acts  amendatory  thereto . 
but  the  city  council  shall  possess  and  enjoy  all  the  powers  and  authority 
heretofore  conferred  upon  the  same,  except  so  far  as  such  powers  and 
authority  are  expressly  modified  or  repealed  by  this  act,  or  the  acts  here¬ 
tofore  mentioned. 

Digest  of  ordinances. 

§  29.  There  shall  be  a  digest  of  the  ordinances  of  the  city,  which  are 
of  a  general  nature,  published  within  one  year  after  the  passage  of  this  act, 
and  a  like  digest  within  every  period  of  five  years  thereafter. 

§  30.  This  act  shall  be  deemed  a  public  act,  and  may  be  read  in  evidence 
without  proof,  and  judicial  notice  shall  be  taken  thereof  in  all  courts  and 
places,  and  shall  take  effect  from  and  after  its  passage. 

Approved,  February  18,  1859. 


1 2 


THE  CHARTER  OF  THE 


AN  ACT 

TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  BELLEVILLE. 

Section-  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre¬ 
sented  in  the  General  Assembly ,  That  the  city  council  of  the  city  of  Belle¬ 
ville  shall  have  power,  within  the  jurisdiction  of  said  city,  by  ordinance,  to 
regulate  cemeteries  and  burying  grounds,  within  two  miles  of  the  city,  and 
to  punish  by  fines,  penalties  or  imprisonments,  all  persons  who  shall  tres¬ 
pass  upon,  or  desecrate  the  same,  or  violate  the  provisions  of  any  ordinance 
in  relation  thereto,  in  the  same  manner  as  if  the  offense  were  committed 
within  the  city. 

§  2.  The  city  council  shall  have  power  to  adopt  a  plan  for  the  laying 
out,  and  platting  of  all  additions  which  may  be  made  to  the  city,  or  of 
subdivisions  of  lands  lying  within  the  city,  or  within  one-half  mile  of  the 
limits  thereof,  so  as  to  establish  regularity,  and  uniformity  in  the  streets 
and  highways  of  the  city  and  vicinity,  and  to  require  that  all  additions, 
and  subdivisions,  which  may  be  so  laid  out,  or  platted,  shall  conform  to 
such  plan ;  and  no  map  or  plat  of  any  addition,  to  said  city,  or  of  any 
subdivision  of  lands  lying  within  the  same,  or  within  one-half  mile  of  the 
limits  thereof  shall  be  entitled  to  record,  or  shall  be  recorded  in  the  office 
of  the  recorder  of  St.  Clair  county,  until  the  same  shall  have  been  approved 
by  the  city  council  of  said  city,  and  all  such  additions  or  subdivisions, 
shall  be  null  and  void,  unless  a  correct  map  or  plat  thereof  shall  be 
approved  by  the  city  council  of  said  city  before  the  same  is  filed  for  record. 

§  3.  No  person  shall  be  entitled  to  vote  at  any  election  in  said  city,  who 
has  not  been  a  citizen  of  the  State  of  Illinois  for  at  least  one  year,  and  of 
said  city,  for  at  least  six  months,  and  of  the  ward  in  which  he  proposes  to 
vote,  for  ten  days  next  preceding  such  election,  and  if  required  by  any 
judge  or  qualified  voter,  he  shall  take  the  following  oath  before  he  shall 
be  permitted  to  vote.  “  I  swear  (or  affirm)  that  I  am  of  the  age  of  twenty- 
“  one  years,  and  have  been  a  resident  of  this  State  one  year,  a  resident  of 
“  this  city  six  months,  and  a  resident  of  this  ward  ten  days  immediately 
“preceding  this  election.” 

§  4.  The  salary  of  the  mayor  of  said  city  shall  not  be  more  than  three 
hundred  dollars  per  year.  And  no  alderman  shall  receive  more  than  fifty 
dollars  per  year  for  any  services  rendered  by  him  as  member  of  the  city 
council. 

§  5.  Police  magistrates  shall,  upon  proper  information  of  any  violation 
of  any  penal  clause  of  the  city  charter,  or  of  any  penal  ordinance  of  the 
city,  issue  a  warrant  to  the  city  marshal,  or  any  police  constable,  or  any 


CITY  OF  BELLEVILLE. 


73 


other  officer,  authorized  to  execute  the  same,  commanding  him  to  forthwith 
apprehend  the  offender,  and  bring  him  before  him,  or  any  competent  court, 
and  if  upon  the  trial  it  shall  appear  satisfactory  to  the  court  or  jury,  after 
hearing  the  evidence,  and  proofs  adduced  in  the  case,  that  the  aceused  is 
guilty  of  the  offense  complained  of,  such  fine,  penalty,  forfeiture  or  impris¬ 
onment  shall  be  imposed  or  adjudged  against  the  offender,  as  may  be 
prescribed  by  the  charter  or  ordinances.  No  process  shall  be  necessary, 
where  the  offender  is  arrested  without  warrant,  and  brought  before  the 
court,  but  an  entry  of  the  cause,  place  and  time  of  arrest  shall  be  made 
upon  the  docket  of  the  court,  and  trial  had  in  the  same  manner,  as  if 
process  had  been  issued. 

§  6.  The  city  may  sue  and  declare  for  several  fines,  penalties,  or  for¬ 
feitures,  for  violations  of  the  charter  or  ordinances  of  the  city,  and  recover 
judgment  for  as  many  offenses  as  may  be  proven,  not  exceeding  the  juris¬ 
diction  of  the  court  and  may  prove,  any  offense  committed  before  the 
commencement  of  the  suit. 

§  7.  The  city  may  appeal  in  all  cases  arising  under  the  charter  and 
ordinances  of  the  city  without  giving  security  ;  and  the  mayor,  in  cases  of 
appeals  by  the  city,  shall  execute  bond  under  the  corporate  seal,  without 
sureties,  and  a  resolution  or  ordinance  of  the  city  council  authorizing  the 
same  shall  be  sufficient  authority  therefor.  Nor  shall  the  city  in  any  case 
be  required  to  file  bond,  or  security  for  costs. 

§  8.  The  city  council  shall  have  power  to  levy  and  collect,  besides  the 
general  tax,  a  special  tax,  on  all  taxable  property,  of  not  exceeding  two 
mills  on  the  dollar,  which  two  mills  shall  constitute  a  sinking  fund,  to  be 
applied  wholly  in  the  payment  of  the  bonds  and  obligations  of  the  city 
due,  or  maturing  on  or  before  the  first  of  January,  1865,  and  for  no  other 
purpose  whatever. 

§  9.  The  city  council  may  authorize  the  mayor  and  register  to  issue 
bonds  to  the  amount  of  five  thousand  dollars,  payable  in  not  less  than  ten, 
nor  more  than  fifteen  years,  and  bearing  ten  per  cent,  interest  per  annum, 
the  proceeds  of  which  shall  be  applied  to  the  building  of  cisterns,  or  to 
subscription  for  stock  to  aqueduct,  or  water  works  ;  said  bonds  not  to  be 
disposed  of  for  less  than  par,  provided  that  no  such  bonds  shall  be  issued, 
unless  a  majority  of  the  tax  payers,  to  whom  the  question  shall  be  sub¬ 
mitted,  shall  have  decided  in  favor  thereof. 

§  10.  Section  29  of  the  13th  article  of  the  charter  of  said  city,  approved 
February  18th,  A.  D.,  1859,  is  hereby  repealed,  and  no  act  of  the  city 
council  for  the  non-observance  of  said  section  shall  in  any  way  be  affected 
or  impaired,  any  more  than  if  said  section  had  never  been  a  part  of  the 
charter  of  said  city. 


74 


THE  CHARTER  OF  THE 


§11.  Every  act,  and  every  part  of  any  act  in  conflict  with  the  provis¬ 
ions  of  this  act  are  hereby  repealed.  This  act  to  take  effect,  from  and 
after  its  passage. 

Approved  February  22d,  1861. 

No.  I. 

Accounts  against  the  city — Ordinance  relating  to  accounts. 

Section  1.  No  mayor,  alderman  or  other  officer  of  the  city  of  Belleville, 
shall  be  allowed  to  keep  or  withhold  any  money  collected  by  him,  or  that 
may  come  into  his  hands  by  virtue  of  his  office,  or  otherwise,  for  the  pay¬ 
ment  of  any  salary,  claim  or  account  which  may  be  due  and  owing  to 
him  by  the  city  :  Provided ,  that  this  section  shall  not  be  construed  as 
applying  to  the  costs  and  fees  due  in  the  police  magistrates’  courts,  the 
commissions  allowed  for  collections,  and  the  fees  allowed  for  weighing. 
Any  person  so  withholding  or  neglecting  to  pay  over  said  money  to  the 
proper  officer,  shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars. 

§  2.  No  account  or  claim  against  the  city  of  Belleville,  upon  any  con¬ 
tract  made  or  incurred  by  any  officer,  by  authority  of  the  city  council,  or 
of  any  ordinance  or  resolution,  except  for  salaries  of  city  officers,  or  for 
payments  specifically  ordered  to  be  made  by  the  city  council  or  ordinance, 
shall  be  considered,  audited,  or  allowed,  or  any  warrant  issued  for  the 
payment  thereof,  unless  accompanied  with  the  certificate  of  the  officer  by 
whom  or  under  whose  authority  the  same  was  incurred  or  contracted, 
stating  “that  he  has  examined  the  account,  and  believes  it  to  be  true  and 
just,  and  in  accordance  with  the  contract.” 

No.  II. 

Additions — Ordinance  relating  to  additions. 

Section  1.  Any  addition  which  may  hereafter  be  laid  out  on  land, 
within  the  limits  of  the  city  of  Belleville,  or  on  land  adjoining  the  said 
city  limits,  by  subdividing  said  lands  into  parts  of  an  acre,  lots  or  blocks, 
shall  conform  to  and  correspond  with  the  regular  blocks  of  the  original 
town  plat,  and  with  the  additions  corresponding  therewith,  so  as  to  estab¬ 
lish  regularity  and  uniformity  in  the  streets  and  alleys  of  said  city,  and  of 
the  avenues  leading  to  it. 

§  2.  A  plain  and  correct  map  of  such  addition  intended  to  be  laid  out, 
shall  be  made  and  submitted  to  the  city  council  for  its  approval,  before 
the  same  can  be  filed  for  record.  If  the  city  council  approve  of  the 
addition  as  laid  out,  such  approval  shall  be  entered  on  the  record  of  the 


CITY  OF  BELLEVILLE. 


75 


proceedings  of  the  council,  and  certified  by  the  city  register  on  the  map 
or  plat  to  be  entered  for  record  at  the  recorder’s  office  of  St.  Clair  county. 

§  3.  The  city  council  may,  for  good  and  sufficient  reasons,  permit  any 
person  to  lay  out  any  addition  or  subdivision  within  the  city  of  Belle¬ 
ville,  or  adjoining  the  limits  thereof,  in  any  other  manner  or  on  a  different 
plan  than  specified  in  Section  first ;  such  permission  and  approval  to  be 
certified  as  provided  in  Section  second. 

No.  III. 

Auctions  and  auctioneers — Ordinance  concerning  auctions  and  auctioneers. 

Section  1.  All  sales  at  public  auction  within  the  city  of  Belleville,  shall 
be  made  by  an  auctioneer,  who  shall  first  have  obtained  a  license  according 
to  the  ordinance,  and  shall  have  paid  therefor  the  sum  of  thirty-five  dollars 
to  the  city  register,  and  shall  also  have  executed  a  bond  to  said  city,  with 
security,  to  the  satisfaction  of  the  mayor,  in  the  penal  sum  of  two  thousand 
dollars,  conditioned  for  the  payment  of  all  duties  that  are,  or  may  be 
imposed  by  this,  or  any  subsequent  ordinance,  on  sales  made  by  him ; 
said  license  not  to  be  granted  for  less  than  one  year,  and  to  be  in  force 
from  the  date  thereof. 

§  2.  Every  person  who  may  wish  to  obtain  a  license,  as  above  men¬ 
tioned,  shall  apply  in  writing  to  the  mayor  or  city  council,  setting  forth 
in  his  application  the  proposed  place  of  business,  and  the  name  or  names 
of  his  securitv  or  securities:  and  in  no  case  shall  the  said  license  be 

V  ' 

transferable. 

§  3.  Any  person  who  shall  sell,  or  attempt  to  sell,  at  public  auction  in 
said  city,  any  goods,  chattels,  or  personal  property  whatever,  without  first 
having  obtained  a  license  therefor,  as  above  required,  shall  forfeit  and  pay 
for  each  offense  a  fine  of  not  less  than  five,  nor  more  than  two  hundred, 
dollars. 

§  4.  A  duty  of  ten  per  cent,  shall  be  assessed  and  paid  to  the  city 
register,  at  least  once  a  month,  upon  all  sales  of  personal  property  of  every 
description,  made  by  any  auctioneer  who  shall  not  have  been  a  resident  of 
the  city  of  Belleville  one  year  prior  to  the  date  of  his  license,  and  who 
shall  have  brought,  or  caused  to  be  brought,  to  said  city,  any  goods, 
chattels,  or  personal  property,  for  the  express  purpose  to  dispose  of  them 
by  auction.  It  shall  be  the  duty  of  such  auctioneer  to  render  a  monthly 
account  of  his  sales  to  the  city  register,  dating  from  the  day  of  his  license, 
exhibiting  the  amount  of  sales  made  by  him,  or  under  his  authority,  and 
the  duties  that  have  accrued  thereon ;  and  for  a  failure  to  do  so  for  the 
space  of  three  days  after  the  expiration  of  the  month,  his  license  may  be 


76 


THE  CHARTER  OF  THE 


declared  forfeited,  and  he  shall  be  subject  to  a  further  penalty  of  five 
dollars  for  each  and  every  day  such  duties  and  accounts  shall  be  withheld ; 
this  section,  however,  not  to  apply  to  persons  who  have  been  residents  of 
the  city  of  Belleville  one  year  prior  to  the  date  of  their  license. 

§  5.  Every  account  so  rendered  shall  have  an  oath  attached  thereto, 
signed  by  said  auctioneer,  setting  forth  the  amount  of  sales  made  by  him, 
also  the  amount  of  duties  due  said  city,  and  that  no  misrepresentations  or 
deceit  have  been  used,  whereby  to  defraud  the  said  city,  either  in  sales 
made  or  the  accounts  so  rendered. 

§  6.  All  sales  made  at  public  auction  under  and  by  virtue  of  legal 
process,  shall  be  exempted  from  the  operation  of  the  provisions  of  this 
ordinance. 

No.  IV. 

Attorney  of  the  city — Ordinance  relating  to  the  city  attorney , 

Section  1.  A  suitable  person,  who  shall  have  been  a  resident  of  this 
city,  and  licensed  to  practice  law  in  the  courts  of  this  State,  at  least  two 
years  before  his  appointment,  shall  be  appointed  city  attorney,  or  city 
counselor,  and  shall  hold  his  office  for  one  year. 

§  2.  It  shall  be  the  duty  of  the  city  attorney — 

First. — To  prosecute  and  defend  all  suits  and  actions  originating  and 
pending  in  any  police  magistrates’  or  justices’  of  the  peace  court  in  this 
city,  to  which  the  city  is  a  party,  or  in  which,  in  the  opinion  of  the  mayor, 
the  interests  of  the  city  are  brought  into  controversy,  or  in  which  the 
official  acts  of  any  of  its  officers,  servants,  or  agents  are  involved. 

Second. — To  advise  the  city  council,  or  its  committees,  or  any  city 
officer,  on  such  legal  questions  as  may  arise  in  relation  to  business  of  the 
city. 

Third. — To  keep  an  account  book  showing  all  claims  placed  in  his 
hands  for  collection,  all  monies  received  by  him  on  account  of  the  city, 
and  all  payments  to  the  city  treasurer. 

Fourth. — To  keep  a  book  or  docket  in  which  he  shall  enter  an  abstract 
of  all  suits  pending,  and  judgments  in  favor  of  or  against  the  city  of  Belle¬ 
ville,  in  tabular  form,  substantially  as  follows:  names  of  parties;  suit; 
when  brought;  in  what  court;  nature  of  action;  names  of  witnesses; 
amount  of  judgment;  date  of  execution;  when  returnable,  and  how 
satisfied. 

§  3.  It  shall  be  at  the  option  of  the  city  attorney  to  dismiss  a  suit 
where  the  proofs  are  not  sufficient  to  sustain  the  action;  and  it  shall  be 
his  duty  in  all  cases  in  which  he  is  engaged  on  behalf  of  the  city,  to  see 


CITY  OF  BELLEVILLE. 


77 


that  full  and  equal  justice  be  done,  not  only  to  the  city  but  also  to  the 
other  party. 

§  4.  In  no  case  shall  a  police  magistrate  assess  a  fine  against  any  person 
having  violated  the  city  ordinances,  without  hearing  the  testimony  in  favor 
of  the  city,  unless  by  and  with  the  consent  of  the  city  attorney. 

§  5.  The  city  attorney  shall  make  a  quarterly  report  to  the  city  council, 
an  abstract  of  his  docket,  and  settle  with  the  treasurer  every  quarter. 

§  6.  The  salary  of  the  city  attorney  shall  be  one  hundred  and  fifty 
dollars  per  annum,  payable  quarterly. 

§  7.  It  is  hereby  made  the  duty  of  the  city  attorney,  at  or  before  the 
opening  of  the  polls  for  any  city  election,  to  visit  the  different  polls,  and 
to  give  to  the  judges  and  clerks  at  said  polls  such  information  and  legal 
advice  as  they  may  call  for  or  desire. 

No.  Y. 

Bonds — An  ordinance  in  relation  to  the  issuing  of  Bonds  by  the  city  of 
Belleville  for  the  grading,  macadamizing  and  'planking  the  streets  of 
said  city. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
That  in  pursuance  of  the  power  granted  to  said  city  by  an  act  of  the 
Legislature  of  the  State  of  Illinois,  entitled  “  An  act  granting  additional 
power  to  the  city  of  Belleville,”  approved  February  10th,  1853,  the  mayor 
of  said  city  shall  cause  to  be  issued  two  hundred  bonds,  of  fifty  dollars 
each,  and  twenty  bonds,  of  five  hundred  dollars  each,  said  bonds  to  be 
payable  five  years  after  date,  with  interest  at  the'  rate  of  seven  per  cent, 
per  annum,  the  interest  to  be  paid  annually  at  Belleville  or  St.  Louis,  said 
bonds  to  be  signed  by  the  mayor  of  said  city,  with  the  seal  of  the  city 
attached,  and  countersigned  by  the  register;  and  that  said  mayor  also  issue 
coupons  for  the  interest  payable,  as  the  same  may  become  due,  to  be 
signed  by  him  and  countersigned  by  the  register. 

§  2.  The  said  bonds,  or  the  proceeds  thereof,  to  be  used  solely  for  the 
grading,  macadamizing  and  planking  the  streets  of  said  city. 

§  3.  The  mayor  of  said  city  is  hereby  authorized  to  sell  for  cash  all  of 
said  bonds  not  used  in  paying  for  contracts  for  said  improvements  : 
Provided,  that  none  of  said  bonds  shall  be  sold  for  less  than  ninety  cents 
to  the  dollar;  and  the  mayor  shall,  immediately  upon  the  receipt  of  the 
proceeds  of  any  of  said  bonds,  pay  the  same  to  the  city  treasurer,  and  take 
his  receipt  therefor. 

Approved,  May  23d,  1853. 


* 


78 


THE  CHARTER  OF  THE 


No.  VI. 

Bonds — Ordinance  in  relation  to  the  issuing  of  bonds  for  the  purpose  of 
recalling  and  withdrawing  from  circulation  any  of  the  matured  bonds , 
for  city  indebtedness. 

Section  I.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That,  in  pursuance  of  the  power  granted  to  the  city  of  Belleville,  by  an  act 
of  the  legislature  of  the  State  of  Illinois,  entitled  “An  act  granting  a  new 
charter  to  the  city  of  Belleville,  and  to  reduce  the  several  acts  incorporating 
said  city  into  one  act,”  in  force  February  18, 1859,  the  mayor  and  register 
of  the  city  of  Belleville  are  hereby  authorized  to  renew  any  matured  bonds 
to  those  who  are  legally  entitled  to  them,  said  bonds  to  be  of  fifty  dollars 
each,  and  to  have  three  years  to  run  from  the  date  of  issue,  and  to  be 
accompanied  by  coupons  for  interest  at  the  rate  of  ten  per  cent,  per  annum, 
payable  semi-annually,  and  to  be  signed  by  the  mayor  and  register,  and 
both  principal  and  interest  shall  be  payable  at  the  treasurer’s  office  in  the 
city  of  Belleville. 

§  2.  This  ordinance  shall  take  effect,  and  be  in  force,  from  and  after  its 
passage. 

Approved,  October  1st,  1860. 

No.  VII. 

Bonds — Ordinance  relating  to  the  issuing  of  bonds  for  the  grading  and 
macadamizing  of  the  streets  of  Belleville. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville} 
That,  in  pursuance  of  the  power  granted  to  the  city  of  Belleville  by  an  act 
of  the  legislature  of  the  State  of  Illinois,  entitled  “An  act  granting  a  new 
charter  to  the  city  of  Belleville,  and  to  reduce  the  several  acts  incorporating 
said  city  into  one  act,”  in  force  February  18,  1859,  the  mayor  of  said  city 
is  hereby  authorized,  whenever  instructed  by  resolution  of  the  city  council, 
to  issue  bonds  of  fifty  dollars  each,  said  bonds  to  be  payable  five  years  after 
date  of  issue,  with  interest  at  the  rate  of  ten  per  cent,  per  annum,  the 
interest  to  be  paid  annually  at  the  treasurer’s  office  in  Belleville,  said  bonds 
to  be  signed  by  the  mayor  of  the  city,  with  the  seal  of  said  city  attached, 
and  countersigned  by  the  register,  and  that  the  mayor  also  issue  coupons 
for  the  interest,  payable  as  they  may  become  due,  to  be  signed  by  him 
and  countersigned  by  the  register. 

§  2.  That  the  proceeds  of  said  bonds  be  used  solely  for  the  grading  and 
macadamizing  of  the  streets  of  the  city  of  Belleville. 

§  3.  That  none  of  said  bonds  be  sold  for  less  than  par. 

Approved,  October  1st,  1860. 


CITY  OF  BELLEVILLE. 


79 


No.  VIII. 

Beggars — Ordinance  relating  to  beggars. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  if  any  beggars,  not  residing  within  the  city,  shall  solicit  alms  within 
said  city,  without  permission  of  the  mayor,  the  marshal  shall  notify  such 
persons  to  leave  the  city  limits ;  such  beggars  continuing  to  solicit  alms 
after  having  been  notified,  shall  be  guilty  of  a  misdemeanor,  and  fined  in 
a  sum  not  exceeding  five  dollars. 

§  2.  Any  person  in  good  health,  and  able  to  work  and  maintain,  by 
honest  labor,  who  shall  be  found  habitually  strolling  and  begging  for  alms 
within  the  city  of  Belleville,  may  be  considered  a  vagrant,  and  dealt  with 
according  to  section  12,  article  I,  ordinance  35. 

No.  IX. 

Cemetery  and  Sexton — Ordinance  relating  to  Cemetery  and  Sexton. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
as  follows  :  That  hereafter  the  body  of  any  deceased  person  may  be  buried 
within  the  lots  in  Walnut  Hill  cemetery  owned  by  the  city  of  Belleville, 
as  hereinafter  directed,  and  not  otherwise  :  The  body  of  the  first  white  per¬ 
son  therein  buried  shall  be  upon  the  corner  of  lot  No.  544  in  said  ceme¬ 
tery,  and  other  graves  of  white  persons  shall  be  continued  in  regular  order 
on  the  front  range  of  lots  to  the  end  of  lot  No.  518  and  from  thence  re¬ 
turning  to  lot  No.  544,  and  continuing  along  the  first  line  of  graves  until 
the  front  range  of  lots  are  filled  in  the  same  regular  order,  and  afterwards 
commencing  at  lot  No.  491  and  proceeding  in  a  like  regular  order  until  all 
the  lots  owned  by  said  city  are  filled. 

§  2.  Negroes  and  mulattoes  may  be  buried  in  said  cemetery  as  follows, 
and  not  otherwise  :  The  first  body  of  such  may  be  buried  on  the  corner  of 
lot  No.  48,  and  thence  to  continue  in  regular  order  on  a  straight  line 
to  lot  No.  54,  and  then  continue  on  the  back  of  the  same  in  regular 
order. 

§  3.  No  person  shall  be  permitted  to  bury  in  the  Walnut  Hill  Ceme¬ 
tery  without  applying  to  the  sexton,  or  his  agent,  assistant,  deputy  or  his 
successor  in  office,  or  the  authorized  agents,  under  penalty  of  not  less  than 
three  nor  more  than  twenty-five  dollars. 

§  4.  It  shall  be  the  duty  of  the  sexton  to  keep  a  register,  in  an  appro¬ 
priate  book,  of  all  persons  who  may  be  buried  in  the  cemetery,  giving,  as 
near  as  possible,  the  name,  age  and  sex,  place  of  birth,  place  of  residence, 
disease  or  manner  of  death  ;  and  he  shall  receive  an  annual  salary  of 
twenty-five  dollars. 


80 


THE  CHARTER  OF  THE 


§  5.  Any  person  making  application  to  the  sexton  to  bury  any  dead  in 
any  division  of  the  cemetery,  shall  furnish  him  with  a  statement  of  the 
name,  age,  sex,  place  of  birth,  residence,  disease  or  cause  of  death  of  the 
person  to  be  interred,  whereupon  the  sexton  shall  issue  a  permit,  upon  the 
payment  of  the  fees  hereinafter  prescribed,  viz  : 


For  a  grave  of  three  feet  and  under . $0  75 

“  “  four  “  “  .  1  00 

“  “  over  four  feet .  1  50 


For  disinterring  a  dead  body  the  same  fees  as  digging  a  grave  of  like 
dimensions ;  for  disinterring  a  dead  body  and  re-burying  the  same  in 
some  other  part  of  the  cemetery,  the  same  fees  as  for  digging  two  graves 
of  like  dimensions. 

§  6.  The  sexton  shall  be  entitled  to  a  fee  of  twenty-five  cents  for  each 
permit,  for  registering  age,  sex,  birth,  death,  residence  and  cause  of  death  ; 
to  dig,  or  cause  to  be  dug,  all  graves  in  the  city  division  of  the  cemetery, 
and  in  private  lots,  where  they  make  a  request  and  pay  the  fees  as  pro¬ 
vided  in  section  five  of  this  ordinance,  and  shall  cause  all  graves  in  said 
cemetery  to  be  dug  at  least  four  feet  from  the  top  of  the  ground,  on  a  level 
at  the  top  of  the  vault,  and  graves  over  five  feet  long  shall  not  be  less  than 
four  feet  six  inches  from  the  top  of  ground  to  top  of  vault. 

§  7.  The  said  sexton,  or  his  assistant,  shall  be  at  the  cemetery,  or  at 
some  suitable  place  designated  by  them,  that  any  person  desiring  to  have 
a  person  buried  may  be  able  to  find  them,  to  present  their  application  and 
get  their  permit  to  have  a  grave  dug,  and  the  body  interred  and  the  grave 
filled  up  at  least  eighteen  inches  above  the  lev^l  of  the  ground  at  the  top. 

§  8.  It  shall  be  the  duty  of  the  sexton,  or  his  agent,  to  preserve  the 
fences,  grounds  and  property  in  repair,  to  prevent  trespasses  on  said  ceme¬ 
tery,  and  to  preserve,  as  far  as  possible,  from  being  defaced,  injured  or 
destroyed,  any  tombstones,  monuments,  inclosures  or  other  thing  erected 
within  said  cemetery  ;  to  keep,  or  cause  to  be  kept,  the  walks  and  alleys 
in  the  cemetery  clear  and  free  from  brush,  weeds  or  other  incumbrances. 

§  9.  The  sexton,  or  his  assistant  or  agent,  shall  make  a  written  report 
signed  by  the  sexton,  every  six  months,  which  report  shall  be  delivered  to 
the  city  register,  and  by  him  presented  to  the  city  council  for  their  ap¬ 
proval.  If  the  city  council  shall  think  that  the  sexton  neglects  his  duty, 
they  may  remove  him  from  office  in  the  same  manner  as  is  provided  for 
the  removal  of  any  city  officer. 

§  10.  The  sexton,  on  resigning  his  office,  or  being  removed  from  office, 
shall  deliver  to  his  successor,  or  to  the  city  register,  all  books  and  papers, 


CITY  OF  BELLEVILLE. 


81 


register  of  names,  and  all  property  belonging  to  the  city,  under  a  penalty 
of  not  more  than  fifty  dollars. 

§  11.  Any  person  violating  any  of  the  provisions  of  this  ordinance,  in 
cases  where  there  is  no  special  penalty  attached,  shall  be  deemed  guilty  of 
misdemeanor,  and,  on  conviction,  be  fined  in  any  sum  not  less  than  three 
nor  more  than  fifty  dollars. 

§  12.  Whoever  shall  hunt,  discharge  fire  arms,  or  otherwise  trespass 
upon  any  cemetery  or  burying  ground  situated  within  the  city  limits,  or 
within  two  miles  of  the  city,  shall  be  subject  to  a  fine  of  not  exceeding  five 
dollars. 

§  13.  Whoever  shall  carry  away  or  remove,  or  shall  willfully,  mali¬ 
ciously  or  negligently  break,  deface,  destroy,  or  otherwise  injure  any  monu¬ 
ment,  tombstone,  tree,  shrub  or  flower,  railing,  fence,  or  any  other  property, 
article  or  thing  belonging  to  any  cemetery  within  the  city  limits,  or  within 
two  miles  of  the  city,  or  placed  or  erected  therein  for  ornament  or  otherwise, 
or  shall  trespass  upon  or  maltreat  any  grave  or  lot,  shall  be  subject  to  a 
penalty  of  not  exceeding  fifty  dollars  ;  and,  in  addition  thereto,  the  ex¬ 
penses  which  may  be  incurred  in  repairing  the  injuries  committed  shall  be 
added  to  the  penalty,  and  included  in  the  judgment,  and  paid  over  to  the 
owner  of  the  injured  property. 

No.  X. 

Census — Ordinance  providing  for  taking  the  census  of  the  city  of  Belleville, 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
The  city  assessor  shall,  every  third  year,  take  and  make  out  an  enumera¬ 
tion  of  the  inhabitants  of  the  city,  and  return  the  same  to  the  city  council 
at  the  same  time  when  he  returns  the  assessment  list:  Provided,  That  the 
city  council  may,  by  resolution,  order  a  census  to  be  taken  at  any  other 
time  or  period. 

§  2.  The  census  shall  be  taken  in  each  ward  separately,  in  a  suitable 
book  or  books,  properly  ruled  and  headed,  and  shall  show  separately  the 
number  of  males  and  females  under  six  years  of  age,  the  number  over 
six  and  under  sixteen,  the  number  over  sixteen,  and  under  twenty-one,  the 
number  over  twenty-one  and  under  fifty,  and  the  number  over  fifty  ;  also 
the  number  of  male  members  capable  of  bearing  arms,  the  block  or  lot  on 
which  they  reside,  the  number  of  persons  of  foreign  birth,  and  of  colored 
persons.  The  census  shall  also  show  the  number  of  buildings  in  each  block, 
exclusive  of  out-buildings,  and  the  number  not  situated  on  blocks,  and  the 
materials  of  such  buildings,  the  number  of  manufactories  and  business 

houses  of  all  kinds,  the  amount  of  capital  invested  in  each,  and  the  amount 
6 


82 


THE  CHARTER  OF  THE 


of  business  done  annually,  and  the  number  of  persons  or  employees  em¬ 
ployed  or  engaged  therein,  the  number  of  school  houses,  colleges,  churches 
and  other  public  buildings,  and  the  estimated  value  of  each  ;  and  such 
other  statistics  and  information  as  the  city  council  may  direct. 

§  3.  The  assessor  shall  call  at  each  dwelling,  manufactory,  or  place  of 
business,  and  inquire  of  the  head  or  some  member  thereof,  or  person 
connected  therewith  who  can  inform  him,  and  ascertain  the  facts 
herein  required  ;  but  if  no  such  person  can  be  found,  he  shall  list  them 
from  the  best  information  he  can  obtain.  He  shall  register  the  names  of 
all  heads  of  families,  and  of  all  persons  not  belonging  to  any  family ;  and 
under  the  head  of  the  family,  all  persons  residing  therein,  whether  as 
boarders  or  otherwise,  so  that  they  be  residents  of  the  city,  shall  be  enum¬ 
erated.  He  shall  register,  in  a  separate  column,  the  names  of  all  male 
persons  of  twenty-one  years  of  age,  and  upwards,  in  each  ward,  marking 
the  letter  “C”  opposite  the  names  of  colored  persons. 

§  4.  Each  column  shall  be  added  up,  and  the  amount  carried  forward, 
so  as  to  show  the  total  number  or  amount  of  each  class,  and  the  totals  of 
each  class  shall  be  added  up  so  as  to  show  the  totals  of  all  classes. 

§  5.  Any  person  who  shall,  when  requested,  refuse  to  give  to  the  assessor, 
while  he  may  be  engaged  in  taking  the  census,  any  information  within  his 
knowledge  in  relation  to  any  of  the  facts  herein  required,  or  shall  knowingly 
give  any  false  information  in  relation  thereto,  shall  be  subject  to  a  penalty 
of  five  dollars. 

No.  XI.  , 

City  Council — An  ordinance  relating  to  the  city  council.  ' 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
as  follows  :  The  city  council  shall  be  composed  of  the  mayor  and  two 
aldermen  from  each  ward,  elected  according  to  law. 

§  2.  The  stated  meetings  of  the  city  council  shall  be  held  on  the  first 
Monday  of  every  month,  at  the  City  Hall,  or  at  such  place  within  the 
limits  of  the  city,  and  at  such  house  as  the  city  council  may  from  time  to 
time  direct. 

§  3.  Special  meetings  may  be  called  at  any  time,  when  the  interests  of 
the  city  requires  it,  by  the  mayor  or  any  two  aldermen,  by  leaving  written 
notices  of  the  time  and  place  of  holding  the  same,  at  the  residence  of  the 
members,  or  by  notifying  them  personally.  The  service  of  suck  notice, 
either  in  writing  or  personally,  is  hereby  made  the  duty  of  the  city  marshal. 

§  4.  No  business  shall  be  transacted  by  the  city  council  unless  the 
mayor' and  four  aldermen,  or  five  aldermen  without  the  mayor,  be  present. 
The  city  council  in  its  proceedings  shall  be  governed  by  the  following 


CITV  OF  BELLEVILLE. 


83 


RULES. 

First.  The  mayor  or  president  shall  take  the  chair  at  the  hour  appointed 
for  the  council  to  meet,  and  shall  immediately  call  the  members  to  order; 
and  the  president,  at  the  instance  of  any  two  members  present  may  order 
the  attendance  of  absent  members. 

Second.  The  president  shall  have  the  right  to  decide  all  questions  of 
order,  subject  to  an  appeal  to  the  council. 

Third.  The  president  shall  preserve  decorum,  and  if  any  member  trans¬ 
gresses  the  rules  of  the  city  council,  the  president  shall,  or  any  member 
may,  call  to  order,  in  which  case  the  member  called  to  order  shall  imme¬ 
diately  sit  down  and  be  silent,  unless  permitted  to  explain,  and  the  council, 
if  appealed  to,  shall  decide  the  matter. 

Fourth.  Every  member  present,  when  a  question  is  put,  shall  vote,  unless 
interested,  or  the  council  shall,  for  special  reasons,  excuse  him. 

Fifth.  Every  motion  or  proposition  shall,  if  the  president  or  any  mem¬ 
ber  require  it,  be  reduced  to  writing. 

Sixth.  When  a  motion  is  made  and  seconded,  it  shall  be  deemed  to  be  in 
possession  of  the  council,  and  shall  be  stated  by  the  president,  or  being  in 
writing  shall  be  delivered  to  the  clerk,  endorsed  by  the  president  or  clerk 
previous  to  debate. 

Seventh.  After  a  motion  is  stated  by  the  president  or  read  by  the  clerk,  it 
may  be  withdrawn  at  any  time  before  the  decision  or  amendment,  by  the 
mover  thereof. 

Eighth.  All  questions  to  be  put  in  form,  “  as  many  as  are  of  opinion 
(as  the  case  may  be)  say  aye,  contrary,  no,”  and  in  doubtful  cases,  the  presi¬ 
dent  may  direct,  or  any  member  may  call  for  a  division. 

Ninth .  When  a  question  is  before  the  council,  no  motion  shall  be  re¬ 
ceived,  unless  to  amend,  to  postpone,  or  commit  the  main  question,  to  lay  it 
on  the  table,  for  the  previous  question,  or  to  adjourn. 

Tenth.  A  motion  to  adjourn  shall  always  be  in  order,  unless  the  council 
is  engaged  in  voting,  and  shall  be  decided  without  debating. 

Eleventh.  The  previous  question  shall  be  put  in  these  words  :  “  Shall  the 
main  question  be  now  put  ?”  and  until  decided,  shall  preclude  all  debate  or 
amendment  of  the  main  question. 

Tweljtli.  Any  member  may  call  for  a  division  of  the  question,  when  the 
same  shall  admit  thereof. 

Thirteenth.  An  ordinance,  after  commitment  and  report  thereof,  may  be 
recommitted  at  any  time  previous  to  its  final  passage. 

Fourteenth.  The  ayes  and  noes  shall  be  taken  and  recorded  upon  any 


84 


THE  CHARTER  OF  THE 


question  before  the  council,  upon  the  call  of  any  one  member,  but  such 
call  shall  not  preclude  amendments  before  the  main  question  is  put. 

Fifteenth.  Any  member  shall  have  the  liberty  to  dissent  from  and  protest 
against  any  ordinance,  resolution  or  order  of  the  council. 

Sixteenth.  In  filling  blanks,  the  largest  sum  and  longest  time  shall  be  put 
first. 

Seventeenth.  All  committees  shall  be  appointed  by  the  president,  unless 
otherwise  directed  by  the  council. 

Eighteenth.  At  the  stated  meetings  of  the  council,  the  journal  of  the  pre¬ 
ceding  meeting  shall  be  read,  and  the  unfinished  business  appearing  thereon 
shall  be  first  disposed  of  in  order,  unless  otherwise  directed  by  the  council. 

Nineteenth.  After  the  unfinished  business  is  disposed  of,  reports  from  com¬ 
mittees  shall  be  called  for ;  petitions  and  accounts  shall  then  be  read  and 
acted  upon ;  and  then  new  business  may  be  introduced. 

Twentieth.  When  the  council  are  called,  the  names  of  the  members  shall 
be  called  in  the  order  of  the  wards  they  respectively  represent. 

Twenty-first .  The  following  standing  committees  shall  be  appointed  by 
the  mayor,  at  the  first  meeting  of  the  council,  or  as  soon  after  as  con¬ 
venient :  Committee  on  accounts;  on  assessors  report;  on  gas  light;  on 
finance;  on  improvements;  on  judiciary;  on  license;  on  marshal’s  and 
collector’s  report ;  on  police  magistrate’s  report ;  register’s  and  treasurer’s 
report  ;  on  ordinances ;  on  weigher  aud  market  master’s  reports ;  on  streets 
and  grades ;  on  claims. 

Twenty -second.  No  personalities  or  reflections,  injurious  to  the  feelings  or 
harmony  of  the  council,  shall  be  tolerated,  and  the  members  indulging  in 
any  such  personalities,  shall  be  called  to  order  by  the  president. 

Twenty-third.  No  member  shall  vote  when  personally  interested  in  the 
discussion  of  the  question  before  the  council ;  nor  shall  any  member  be 
security  in  any  bond,  note  or  obligation,  given  to  the  city,  or  have  any 
part  or  interest  in  any  contract  for  work  given  out  by  the  city. 

§  5.  In  no  suit  in  which  the  city  of  Belleville  shall  be  a  party,  shall 
any  member  of  the  city  council,  or  officer  of  this  city,  be  entitled  as 
against  the  city,  to  any  witness  fees,  unless  such  fees  shall  have  been 
collected  from  the  defendant. 

§  G.  No  vote  of  the  city  council  shall  be  reconsidered  or  rescinded  at 
a  special  meeting,  unless  the  meeting  be  called  in  whole  or  in  part  for  that 
purpose,  and  the  aldermen  be  notified,  and  unless  at  such  special  meeting 
there  be  present  as  large  a  number  of  aldermen  as  were  present  when  the 
vote  was  taken. 

§  7.  Neither  the  city  council  or  mayor  shall  remit  any  fine  or  penalty 


CITY  OF  BELLEVILLE. 


85 


imposed  upon  any  person  for  a  violation  of  any  laws  or  ordinances  of 
said  city,  or  release  from  confinement,  unless  two-thirds  of  all  the  aldermen 
elected  shall  vote  for  such  release  or  remission  ;  and  unless  the  magistrate 
rendering  the  judgment,  or  the  prosecuting  city  attorney  shall  recommend 
such  release  from  confinement  or  remission  of  fines. 

No.  XII. 

City  limits — Ordinance  relating  to  the  city  limits. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  city  of  Belleville  shall  comprehend  all  that  district  of  territory 
as  follows :  Extending  one  and  a  half  miles  from  north  to  south,  and  one 
and  one  quarter  miles  from  east  to  west,  extending  north,  east  and  south 
three-quarters  of  a  mile,  from  a  line  drawn  through  the  center  of  Main  and 
Illinois  streets  of  the  town  (now  city)  of  Belleville,  as  recorded,  and  west 
one-half  mile  from  said  centre  line  of  Illinois  street. 

§  2.  The  city  of  Belleville  shall  be  divided  into  four  wards,  the  boun¬ 
daries  of  which  shall  be  as  follows :  1st.  All  that  north-east  part  of  the 
city  of  Belleville,  bounded  on  the  west  by  Illinois  street,  and  on  the  south 
by  Main  street,  shall  constitute  the  first  ward.  2d.  All  that  north-west 
part  of  the  city  of  Belleville,  bounded  on  the  east  by  Illinois  street,  and 
on  the  south  by  Main  street,  shall  constitute  the  second  ward.  3d.  All 
that  south-west  part  of  the  city  of  Belleville,  bounded  on  the  east  by 
Illinois  street,  and  on  the  north  by  Main  street,  shall  constitute  the  third 
ward.  4th.  All  that  south-east  part  of  the  city  of  Belleville,  bounded  on 
the  west  by  Illinois  street  and  on  the  north  by  Main  street,  shall  constitute 
the  fourth  ward. 

§  3.  Any  tract  of  land  adjoining  the  city  of  Belleville,  which  may  be 
laid  off  into  blocks  or  lots,  and  duly  platted,  according  to  law,  and  any 
tract  of  land  adjoining  the  city,  with  the  consent  of  the  owner  thereof 
shall  and  may  be  annexed  to  said  city,  and  form  a  part  thereof. 

No.  XIII. 

City  Surveyor — Ordinance  relating  to  City  Surveyor. 

Section  1.  Be  it  ordained  by  the  city  council  of  tlie  city  of  Belleville , 
as  follows  :  That  there  shall  be  appointed  by  the  city  council  at  the  first 
regular  meeting  in  each  year,  or  as  soon  as  convenient  thereafter,  a  com¬ 
petent  person,  to  be  styled  city  surveyor,  who  shall  have  the  sole  power, 
under  the  control  and  direction  of  the  city  council,  to  survey  within  the 
city  limits — to  hold  his  office  for  one  year,  (unless  sooner  removed)  and 
until  his  successor  shall  be  appointed  and  qualified. 


86 


TIIE  CHARTER  OF  THE 


§  2.  It  shall  be  the  duty  of  said  surveyor  to  make  all  surveys  within 
the  limits  of  the  city  that  he  may  be  called  upon  to  make,  either  by  himself 
or  by  a  competent  and  authorized  deputy,  within  a  reasonable  time  after 
application  made,  and  to  establish  corners  by  suitable  stones,  permanently 
placed  in  the  ground,  when  requested;  and  also  to  assist  the  street  in¬ 
spector  in  giving  the  grade  on  any  street,  laue  or  alley,  when  called  on  so 
to  do. 

§  3.  Said  surveyor  may  appoint  one  or  more  deputies,  to  assist  him  in 
his  office.  Each  deputy  shall  take  an  oath  similar  to  that  taken  by  the 
principal,  and  the  principal  to  be  responsible  for  the  acts  of  his  deputy. 

§  4.  It  shall  be  the  duty  of  said  surveyor  and  deputy  to  supply  them¬ 
selves  with  suitable  maps,  charts  and  field  notes  of  original  surveys  of 
lands,  which  they  may  be  called  on  to  survey,  and  all  surveys  shall  be 
made  to  conform,  as  near  as  possible,  to  the  original  surveys  of  the  lands 
and  town  lots,  as  laid  out  and  recorded  in  the  recorder’s  office  of  St.  Clair 
county,  Illinois. 

§  5.  It  shall  also  be  the  duty  of  said  surveyor  to  provide  himself  with  a 
well  bound  book,  in  which  he  shall  carefully  and  legibly  record  and  note 
down  every  survey  made  by  him,  describing,  as  near  as  practicable,  the  metes 
and  bounds  of  the  land  surveyed,  also  the  name  of  the  person  for  whom 
made,  and  the  date  when  made,  and  such  record  shall  be  subject  to  the 
inspeotion  of  every  person  who  may  think  himself  interested  therein,  and 
such  record  or  a  certified  copy  under  the  hand  of  said  surveyor  shall  be 
admitted  as  evidence  in  any  matter  wherein  the  city  is  interested. 

§  6.  lie  shall  possess  the  same  power,  in  making  plats  and  surveys 
within  the  city  as  is  given  by  law  to  county  surveyors,  and  the  like  effect 
and  validity  shall  be  given  to  his  acts  and  surveys  made  by  him,  as  are  or 
may  be  given  bv  law  to  the  acts,  plats  and  surveys  of  the  county  surveyor. 
He  shall,  when  required,  superintend  the  construction  of  all  public  works 
ordered  by  the  city,  make  out  the  plans  and  estimates  thereof,  and  contract 
for  the  execution  of  the  same.  He  shall  also  perform  all  surveying  and 
engineering  ordered  by  the  city  council,  and  shall,  under  their  direction, 
establish  the  grades  and  boundaries  of  streets  and  alleys  ;  but  such  plans, 
estimates  and  contracts,  grades  and  boundaries,  shall  be  first  reported  to 
the  city  council,  and  approved  by  them,  or  they  shall  not  be  valid. 

§  *.  The  said  surveyor  and  deputy  shall  be  entitled  to  such  compensa¬ 
tion,  from  each  person  or  persons  to  whom  they  have  rendered  their 
services,  as  are  allowed  by  the  laws  of  the  State  of  Illinois  for  similar 
services. 

§  8.  It  shall  be  the  duty  of  said  surveyor  or  deputy  having  any  records 


CITY  OF  BELLEVILLE. 


87 


in  his  possession,  mentioned  in  section  5,  to  deliver  them  up  to  his  suc¬ 
cessor,  when  applied  to  for  that  purpose,  and  upon  a  failure  to  do  so  shall 
be  liable  to  action  on  his  bond. 

Approved. 

No.  XIV. 

City  weigher  and  scales — Ordinance  relating  to  city  weigher  and  scales. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
There  shall  be  a  weigher  of  hay  and  stone  coal,  and  as  many  others  as  the 
city  council  may  from  time  to  time  direct,  in  any  public  place  within  the 
corporate  limits,  authorized  by  said  city  council. 

§  2.  It  shall  be  the  duty  of  each  of  these  officers — 

First. — To  attend  at  the  public  scales,  for  which  he  is  appointed,  from 
sunrise  to  sunset  of  every  day,  (Sundays  excepted,)  and  to  weigh  every 
load  of  hay,  stone  coal,  or  other  thing  which  may  be  presented  to  be 
weighed,  and  to  give  the  person  presenting  the  same  a  certificate  of  the 
net  weight  thereof,  after  making  a  proper  deduction  for  mud  and  wet. 

Second. — To  enter  in  suitable  books,  in  tabular  form,  every  load  of  hay, 
stone  coal,  or  other  thing  weighed,  designating  the  kind  and  weight 
thereof,  and  for  whom  weighed. 

Third. — To  receive  from,  and  to  receipt  to,  the  register  for  all  blank 
certificates  which  he  may  use. 

Fourth. — To  settle  with  the  treasurer  on  the  last  Saturday  of  every 
quarter  for  all  blank  certificates,  and  all  money  received  by  him,  and  pay 
into  the  treasury  all  such  money  received  by  him  as  weigher. 

Fifth. — And  to  perform  such  other  duties  in  the  measurement  of  wood, 
and  otherwise  as  may  be  required  of  him  by  ordinance. 

Sixth. —  In  consideration  of  large  establishments  using  coal,  which  are 
considered  a  benefit  for  town,  the  mayor  is  hereby  authorized,  and  shall 
have  power,  to  make  special  contract  with  coal  teams,  reducing  the  present 
price  of  weighing,  or  other  arrangements,  with  the  consent  and  sanction  of 
the  city  council  at  their  next  regular  meeting. 

§  3.  In  weighing  stone  coal,  the  weigher  shall  compute  eighty  pounds 
avoirdupois  to  be  a  bushel,  after  making  suitable  deduction  for  slate, 
sulphur,  and  other  foreign  substances  therein  contained. 

§  4.  Each  weigher  shall  be  entitled  to  demand  and  receive  from  the 
persons  having  weighing  done  the  following  rates,  viz. :  For  every  load  of 
stone  coal,  not  exceeding  twenty  bushels,  ten  cents;  for  all  loads  over 
twenty  bushels,  and  not  exceeding  thirty-five  bushels,  fifteen  cents ;  for  all 
loads  over  thirty-five  bushels,  and  not  exceeding  fifty-five  bushels,  twenty 


88 


THE  CHARTER  OF  THE 


cents;  and  for  every  load  over  fifty-five  bushels,  one-half  cent,  per  bushel 
in  addition  to  the  foregoing  rates.  For  each  load  of  hay,  or  other  things, 
twenty  cents.  For  each  horse,  or  neat  cattle,  ten  cents ;  and  other  articles 
in  proportion. 

§  5.  No  person  shall  buy  or  sell,  or  offer  to  sell,  any  hay  or  stone  coal 
in  this  city,  until  the  same  shall  have  been  weighed  by  one  of  the  regularly 
appointed  weighers  of  the  city,  or  by  a  weigher  of  one  of  the  scales  within 
the  city  authorized  by  any  ordinance  of  the  city,  and  a  certificate  thereof 
given  as  herein  required,  under  a  penalty  of  five  dollars  for  each  load 
bought,  sold,  or  offered  for  sale,  with  costs. 

§  6.  Any  person  who  shall  have  had  any  article  weighed  as  aforesaid, 
and  received  a  certificate  of  the  weight  thereof,  who  shall  before  selling 
the  same  diminish  the  weight  thereof,  or  shall  sell  a  part  thereof,  and 
afterwards  sell,  or  offer  to  sell,  the  remainder  as  being  of  the  quantity 
called  for  in  the  certificate,  or  shall  change,  alter,  or  in  any  manner  change 
or  permit  to  be  changed,  any  certificate,  shall  forfeit  and  pay  to  the  city 
for  every  offense  from  one  to  ten  dollars,  with  costs  of  suit. 

§  7.  When  any  person  shall  sell  anything,  which  shall  have  been 
weighed  as  aforesaid,  he  shall  deliver  to  the  vendee  the  certificate  received 
bv  him  from  the  weigher. 

J  o 

§  8.  Each  weigher  shall  weigh,  when  requested,  any  vehicle,  and  brand 
or  mark  thereon  the  number  or  weight  thereof,  and  thereafter  it  shall  not 
be  necessary  to  reweigh  the  same ;  but  when  a  vehicle  upon  which  a  load 
is  weighed,  shall  not  have  been  previously  weighed,  he  shall  state  the  fact 
upon  the  face  of  the  certificate,  and  the  person  selling  the  load  thereon 
shall,  immediately  after  the  sale  thereof,  cause  the  vehicle  to  be  weighed 
and  the  net  weight  of  the  load  ascertained.  Whoever  shall  violate  or  fail 
to  comply  with  this  section  shall  be  fined  not  exceeding  five  dollars,  with 
costs  of  suit. 

§  9.  Each  weigher  shall  cause  the  accuracy  of  the  scales  under  his 
charge  to  be  tested  by  the  inspector  of  weights  and  measures,  whenever 
he  may  have  reason  to  believe  them  inaccurate,  and  all  the  repairs  of  the 
same  involving  an  expenditure  shall  be  made  by  the  weigher  thereof  with 
the  approbation  of  the  mayor. 

§  10.  No  person  shall  bring  into  this  city  for  sale  any  stone  coal,  dust, 
or  fine  coal,  unsuited  for  burning  in  ordinary  coal  grates,  except  under 
special  contract  for  the  sale  thereof.  If  any  person  shall  cause  a  load  of 
stone  coal  to  be  weighed,  and  upon  delivery  thereof  it  shall  be  ascertained 
that  there  is  contained  in  the  load  any  coal  dust  or  fine  coal  unsuited  for 
burning  in  ordinary  coal  grates,  the  person  selling,  or  offering  to  sell,  the 


CITY  OF  BELLEVILLE. 


89 


same  shall  forfeit  and  pay  not  exceeding  ten  dollars,  with  costs,  and  also 
be  required  under  a  like  penalty  to  remove  the  same  without  the  city, 
forthwith . 

§  11.  The  term  fine  coal,  as  used  in  the  preceding  section,  includes  all 
coal  broken  into  fragments  less  than  two  inches  in  diameter  every  way. 

§  12.  No  weigher  of  hay  or  stone  coal,  or  any  of  his  deputies,  shall 
directly  or  indirectly,  in  person  or  by  another,  be  engaged  in  the  buying 
or  selling  of  hay,  or  stone  coal,  or  firewood,  except  so  far  as  may  be 
necessary  for  his  own  private  use,  under  a  penalty  of  not  exceeding  fifty 
dollars,  with  costs  of  suit. 

Adopted.  * 

No.  XV. 

Dogs — Ordinance  concerning  dogs. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville,  as 
follows :  Any  householder  in  this  city  may  keep  a  dog,  or  dogs,  upon 
paying  a  tax  of  one  dollar  per  year  upon  each  dog,  if  he  cause  the  same  to 
be  registered,  put  a  collar  on  it,  and  have  the  collar  marked  and  stamped, 
as  hereinafter  required :  Provided ,  that  no  dog  under  six  months  of  age 
shall  be  liable  to  be  taxed. 

§  2.  Every  owner  or  possessor  of  a  dog  or  dogs,  shall  cause  the  same 
to  be  registered  in  the  office  of  the  city  register ;  before  doing  which  he 
shall  procure  and  put  around  the  neck  of  each  dog  a  collar  at  least  one 
inch  vride. 

§  3.  The  register  shall  make  no  registry  of  any  dog,  unless  the  pro¬ 
visions  of  the  previous  sections  shall  have  been  complied  with,  nor  of  any 
taxable  dog,  unless  a  collector’s  or  marshal’s  receipt  for  the  same  be  pro¬ 
duced  to  him. 

§  4.  At  the  time  of  registering  any  dog,  the  register  shall  stamp  upon 
the  collar  thereof  the  letters  “C.  T.  P.,”  and  the  year  of  the  registry. 

§  5.  For  registering  each  dog  and  stamping  the  collar  thereof,  the 
person  having  the  same  done  shall  pay  to  the  register  a  fee  of  fifteen  cents. 

§  6.  Whoever  shall  suffer  to  be  and  remain  in  or  about  the  premises 
inhabited  or  occupied  by  him,  any  dog  not  registered  or  collared  as 
aforesaid,  shall  forfeit  and  pay  a  sum  not  less  than  three  nor  more  than 
ten  dollars. 

§  7.  The  city  marshal  shall,  on  or  before  the  first  day  of  July  of  each 
and  every  year,  give  notice  in  the  newspapers  employed  by  the  city,  that 
during  the  months  of  July,  August  and  September  following,  all  dogs 
found  running  at  large  within  the  city,  not  registered  and  collared,  as 


90 


THE  CHARTER  OF  THE 


aforesaid,  shall  be  slain  by  the  marshal  or  his  deputies,  appointed  and 
authorized  for  that  purpose ;  and  he  shall,  when  directed  by  the  mayor, 
give  a  like  notice,  embracing  any  other  specified  time,  within  which  the 
mayor  may  consider  it  advisable  to  enforce  fhe  slaying  of  dogs. 

§  8.  The  city  marshal  shall  commission  a  sufficient  number  of  persons 
as  his  special  deputies,  to  be  approved  by  the  mayor,  who  shall,  during 
the  time  specified  in  the  notice  aforesaid,  slay  any  dog  found  running  at 
large  within  this  city  not  registered  and  collared  as  aforesaid. 

§  9.  The  marshal  shall  certify  to  the  number  of  dogs  slain,  and  shall 
accompany  such  certificate  with  his  oath,  that  the  same  were  slain ;  where¬ 
upon  the  slayer  shall  receive  the  sum  of  twenty-five  cents  for  each  dog 
slain. 

§  10.  Any  deputy  appointed  under  this  ordinance  to  slay  any  dogs,  who 
shall  slay  in  any  manner  or  in  any  other  way  than  is  specified  in  this  ordi¬ 
nance,  shall  forfeit  and  pay  a  fine  of  not  exceeding  twenty  dollars. 

§  11.  If  any  owner  or  possessor  of  a  fierce  or  dangerous  dog,  permit 
the  same  to  go  at  large  in  this  city,  to  the  danger  or  annoyance  of  the 
inhabitants,  he  shall  forfeit  and.pay  for  the  first  offense,  a  sum  not  exceeding 
ten  dollars,  for  the  second  not  exceeding  twenty  dollars,  and  upon  a 
third  conviction  not  exceeding  thirty  dollars,  and  the  city  marshal  shall 
cause  the  dog  to  be  slain. 

§  12.  If  any  owner  or  possessor  of  a  female  dog  permit  her  to  run  at 
large  while  in  heat,  he  shall  forfeit  and  pay  five  dollars,  and  it  shall  be  the 
duty  of  the  marshal  and  his  deputies  to  cause  any  female  dog  running  at 
large  at  such  time  to  be  slain. 

The  word  dog,  wherever  used  in  this  ordinance,  without  qualification, 
is  intended  to  mean  a  female  as  well  as  a  male  dog. 

§  14.  No  section  of  this  ordinance  shall  be  so  construed,  as  to  apply  to 
any  dog  or  dogs  belonging  to  persons  coming  into  the  city  from  the 
country,  without  the  intention  of  remaining  in  the  city,  or  any  dog  or 
dogs,  which  may  be  passing  through  the  city  with  its  owner  or  possessor. 

§  15.  To  carry  into  effect  the  provisions  of  this  act,  the  marshal  shall 
give  ten  days’  notice,  by  posting  up  hand-bills,  in  the  most  public  places 
throughout  the  city,  in  both  the  German  and  English  languages. 

§  16.  Any  person  or  persons  who  shall  in  any  manner  oppose,  molest, 
threaten  or  disturb  the  city  marshal  or  his  deputies,  who  shall  kill,  or  be 
about  to  kill,  any  dog  or  dogs  as  aforesaid,  shall  forfeit  and  pay  to  the  city  of 
Belleville  a  fine  of  not  exceeding  twenty  dollars  for  each  and  every  offense. 

§  1 7.  The  city  marshal  shall  receive  twenty  per  cent,  of  all  collections 
made  by  himself  in  pursuance  of  this  ordinance ;  and  it  shall  be  his  duty, 


CITY  OF  BELLEVILLE. 


91 


aud  that  of  his  deputies,  to  enter  complaint  before  the  police  magistrates 
for  all  and  any  breaches  of  this  ordinance. 

Approved. 


No.  XVI. 

Elections — Ordinance  relating  to  elections. 

§  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville ,  as  fol¬ 
lows  :  That  the  regular  elections  in  the  city  of  Belleville  for  mayor, 
aldermen  and  city  officers,  shall  be  held  on  the  third  Monday  in  April 
annually,  and  all  voting  shall  be  done  by  ballot,  and  according  to  the 
regulations  hereinafter  described. 

§  2.  At  least  ten  days’  public  notice  of  the  time  and  place  of  holding 
any  general  election,  and  five  days’  public  notice  of  the  time  and  place  of 
holding  a  special  election,  shall  be  given  by  the  city  register,  under  order 
of  the  city  council. 

§  3.  There  shall  be  appointed,  annually,  three  judges  of  election,  in 
each  of  the  wards  of  this  city,  by  the  city  council,  to  superintend  all  city 
elections  for  the  year  for  which  they  are  appointed,  which  judges  shall  have 
resided  in  this  city  at  least  one  year  next  preceding  their  appointment. 

§  4.  If  any  person  so  appointed  annually  by  the  city  council,  shall 
decline  or  refuse  to  serve,  the  city  council  if  in  session,  shall  appoint 
another  or  others,  to  serve  instead ;  but  if  the  city  council  shall  not  be  in 
session,  the  mayor  and  aldermen  of  the  ward,  or  any  two  of  them,  shall 
appoint  the  judge  or  judges  to  serve  instead  of  the  person  or  persons 
declining  or  neglecting  to  serve. 

§  5.  If  any  judge  appointed  fail  to  be  present,  or  if  a  vacancy  be  not 
filled,  as  before  provided,  at  the  opening  of  the  polls,  or  being  present 
any  judge  declines  to  serve,  a  majority  of  the  legal  voters,  then  and  there 
present,  may  elect  a  qualified  person  to  act  as  judge  of  that  election. 

§  6.  The  judges  at  any  election  shall,  before  opening  the  polls,  appoint 
two  suitable  persons  to  act  as  clerks  of  the  election,  who,  together  with  the 
judges,  shall  take  and  subscribe  an  oath,  faithfully  and  impartially  to  dis¬ 
charge  their  respective  duties ;  and  no  officer  of  the  city  or  candidate  for 
an  office,  shall  be  judge  or  clerk  of  any  election  in  this  city. 

§  7.  The  city  register  shall  provide  a  sufficient  number  of  ballot  boxes, 
at  the  expense  of  the  city,  for  the  several  wards,  each  of  which  said  boxes 
shall  be  furnished  with  a  lock  and  key,  and  before  any  ballots  shall  be 
deposited  therein,  the  same  shall  be  publicly  opened  and  exhibited,  so  that 
the  judges  and  clerks  may  see  that  no  ballot  is  in  said  box  or  boxes,  after 
which  the  box  shall  be  locked  and  the  key  delivered  over  to  one  of  the 


92 


THE  CHARTER  OF  THE 


judges,  and  the  same  shall  not  again  be  opened  during  the  same  election, 
except  in  the  manner  and  for  the  purposes  herein  provided,  and  an  opening 
sufficiently  large  to  admit  a  single  folded  ticket,  shall  be  made  in  the  lid 
of  each  box. 

§  8.  The  ballot  voted  by  each  voter  shall  be  folded  by  the  voter  and 
delivered  to  one  of  the  judges  of  election,  who  shall,  if  the  judges  are  sat¬ 
isfied  that  the  person  offering  the  ballot  is  a  legal  voter,  endorse  on  the  back 
of  the  ballot  or  ticket  offered  the  number  corresponding  with  the  vote  on 
the  poll  book,  without  unfolding  or  opening  the  same  in  any  manner,  de¬ 
posit  the  said  ballot  in  the  said  ballot-box  ;  Provided,  That  no  ballot  shall 
be  received  or  counted,  unless  the  same  be  written  or  printed  on  white 
paper,  without  any  mark  or  figures  thereon,  intended  to  distinguish  one 
ballot  from  another ;  and  each  clerk  of  election  shall  keep  a  poll  list  in 
which  he  shall  enter  the  name  of  each  voter  voting  at  any  election,  in  the 
order  of  voting,  and  each  list  shall  be  headed  with  the  words  “  Names  of 
voters.” 

§  9  Every  ticket  so  handed  in  at  any  election,  shall  contain  the  name 
of  every  candidate  such  voter  intends  voting  for,  either  in  writing  or  in 
print,  designating  the  office  to  which  he  wishes  eac^  to  be  elected  ;  and  if 
more  persons  are  designated  for  any  office,  than  there  are  vacancies  to  fill, 
or  officers  to  be  elected,  such  part  of  ticket  shall  not  be  counted  for  either 
of  them  ;  but  no  vote  shall  be  rejected  for  want  of  form,  if  the  judges  can 
determine  to  their  satisfaction  the  person  voted  for,  and  the  office  which 
the  voter  intended  such  person  to  fill. 

§  10.  No  judge  or  clerk  of  any  election  shall  examine,  or  permit  any 
one  to  examine  the  ballot  of  any  voter,  handed  in  to  be  deposited  in  the 
ballot-box,  before  placing  the  same  therein,  or  permitting  any  one  but  the 
voter  handing  the  same  in  to  one  of  the  judges,  to  handle  the  same,  or 
allow  any  person  but  one  of  the  judges,  to  handle  a  ballot-box,  under  a 
penalty  of  not  less  than  five,  nor  more  than  one  hundred  dollars. 

§  11.  It  shall  be  the  duty  of  the  city  marshal,  if  in  the  opinion  of  the 
mayor  it  shall  be  deemed  necessary,  to  deputize  and  station  at  each  place 
of  holding  an  election,  a  suitable  person  for  the  purpose  of  preserving 
order  and  decorum,  and  to  enforce  the  lawful  commands  of  the  judges  of 
election. 

§  12.  The  judges  shall  have  power  to  preserve  order  at  the  polls,  and 
to  command  the  officer  in  attendance  to  arrest  and  take  before  the  police 
magistrate  any  person  who  shall,  by  violent  or  turbulent  conduct,  or  in  any 
other  manner,  intefere  with,  hinder,  obstruct,  disturb  or  delay  the  judges 
or  clerks  in  the  discharge  of  their  duties,  or  any  voter  in  exercising  the 


CITY  OF  BELLEVILLE. 


93 


privilege  of  voting  :  and,  for  any  such  offense,  the  offender  shall  forfeit  and 
pay  a  sum  to  the  city,  not  less  than  five  or  more  than  one  hundred  dollars  : 
and  any  judge  or  clerk  of  such  election,  duly  appointed  and  notified,  who 
shall  fail  to  attend  and  act  at  any  election  and  to  perform  his  duties,  ex¬ 
cept  for  good  reasons,  or  who  shall  conduct  himself  at  such  election  in  a 
riotous  or  disorderly  manner,  or  who,  in  conducting  the  same,  shall  wil¬ 
fully  and  corruptly  violate  the  laws  regulating  elections,  shall,  for  every 
such  offense,  forfeit  and  pay  to  the  city  a  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars. 

§  13.  Whoever  shall,  at  any  election,  seize  or  attempt  to  seize  a  ballot- 
box  or  poll-book,  with  the  purpose  of  carrying  the  same  off  by  force,  shall 
forfeit  and  pay  to  the  city  a  sum  of  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars. 

§  14.  If  a  ballot-box  shall  be  seized  and  carried  away  at  any  election, 
so  that  the  ballots  therein  contained  cannot  be  counted,  the  wdiole  election 
shall  thereby  be  void,  and  a  new  election  shall  be  ordered  by  the  city 
council. 

§  15.  The  judges  of  election  shall  open  the  polls  for  the  reception  of 
votes  at  eight  o’clock,  a.  m.,  and  keep  them  open  until  six  o’clock,  p.  m.,  at 
which  time  they  shall  be  closed.  At  the  close  of  the  polls,  the  poll-book 
shall  be  signed  by  the  judges,  and  attested  by  the  clerks ;  the  names  therein 
contained  shall  be  counted  and  the  number  set  dowrn  at  the  foot  of  the 
poll-books.  The  judges  shall,  immediately  upon  the  close  of  the  polls, 
proceed  to  open  the  ballot-boxes,  and  call  out  the  ballots,  in  the  presence 
of  any  candidate,  or  the  friends  of  any  candidates,  selected  by  them  for 
that  purpose,  who  may  choose  to  be  present,  and  ascertain  the  number  of 
votes  given  to  each  candidate  voted  for,  and  shall  continue  the  counting  of 
the  ballots,  without  intermission,  until  all  are  counted.  All  the  ballots 
counted  shall,  after  being  read,  be  strung  on  a  strong  thread  or  twine,  in 
the  order  in  which  they  have  been  read,  and  shall  then  be  carefully  en¬ 
veloped  and  sealed  up  by  the  judges,  who  shall  direct  the  same  to  the 
register  of  the  city,  and  shall  be  delivered,  with  the  poll-books  to  said  reg¬ 
ister,  wrho  shall  carefully  preserve  said  poll-books  for  six  months,  and  at 
the  expiration  of  that  time  shall  destroy  them ;  and  in  all  cases  of  con¬ 
tested  election,  the  parties  contesting  the  same  shall  have  the  right  to  have 
the  said  package  of  ballots  opened,  and  said  ballots  referred  to  by  wit¬ 
nesses  for  the  purpose  of  such  contest:  but  said  ballots  shall  only  be  so 
examined  and  referred  to  in  the  presence  of  the  officer  having  the  custody 
thereof. 

§  16.  The  judges  shall  make  out  a  certified  statement,  to  be  attested 


94 


THE  CHARTER  OF  THE 


by  the  clerks,  of  the  aggregate  number  of  votes  for  each  person  voted  for 
in  the  several  wards  of  this  city,  which  statement  shall  be  sealed  up  and 
directed  to  the  city  register,  and  to  him  delivered  as  soon  as  possible  after 
the  votes  are  examined  and  counted. 

§  17.  It  shall  be  the  duty  of  the  city  council  to  hold  a  special  meeting 
within  three  days  after  the  day  on  which  any  city  election  shall  be  held, 
at  which  meeting  the  register  shall  lay  before  the  city  council  the  certified 
returns  aforesaid  ;  whereupon  the  said  city  council,  after  an  examination 
thereof,  shall  declare  and  enter  upon  their  journal,  the  name  of  each  per¬ 
son  voted  for,  at  full  length,  the  office  for  which  he  is  voted  for,  and  the 
aggregate  number  of  votes  given  to  each  person,  and  who  are  elected,  set¬ 
ting  forth  the  office  to  which  he  is  elected. 

§  18.  The  city  register  shall,  on  the  next  day  after  the  said  special 
meeting  of  the  city  council,  make  out  and  deliver  a  certificate,  under  the 
seal  of  the  city  and  signed  by  the  mayor,  to  each  person  elected. 

§  19.  Whenever  it  shall  be  ascertained  that  there  is  an  equal  number  of 
votes  given  to  two  or  more  persons,  for  mayor  or  alderman,  or  any  other  of¬ 
ficer  in  this  city,  made  elective  by  the  people,  it  shall  be  the  duty  of  the  city 
council  at  the  special  meeting  aforesaid,  to  place  in  a  box  or  some  conven¬ 
ient  place,  as  many  ballots  as  there  are  persons  having  an  equal  number  of 
votes,  and  on  one  only  of  which  ballots  shall  be  written  the  name  or  style 
of  the  office  for  which  said  persons  were  voted  for,  and  some  other  words 
on  each  of  the  other  ballots  ;  and  from  which  box  or  other  convenient 
place,  such  persons,  so  having  an  equal  number  of  votes,  shall  each  draw 
one  ballot,  and  the  person  drawing  the  ballot  on  which  the  name  or  style 
of  the  office  is  written,  shall  be  the  mayor,  alderman  or  other  officer 
elected ;  and  in  case  any  such  person  or  persons  are  absent,  or  refuse  to 
draw  a  ballot  as  aforesaid,  if  for  an  alderman  or  any  other  officer,  other 
than  mayor,  then  the  mayor  shall  draw  a  ballot  or  ballots  for  such  person 
or  persons ;  and  if  for  mayor,  then  any  alderman  designated  by  the  city 
council  shall  draw  the  ballot  or  ballots  for  such  candidate  or  candidates. 

§  20.  Whenever  the  election  of  mayor,  aldermen,  or  other  city  officer 
shall  be  contested,  it  shall  be  the  duty  of  the  person  so  contesting  to  notify 
the  person  having  the  certificate  of  election,  and  the  mayor  or  register  of 
the  city  in  writing ;  and  upon  such  notice  being  filed  as  aforesaid  with 
the  mayor  or  city  register,  it  shall  be  the  duty  of  the  mayor  to  call  a 
meeting  of  the  city  council  within  five  days  from  the  giving  of  such  notice  ; 
at  which  meeting  the  city  council  shall  examine  all  testimony  under  oath, 
w'hich  may  be  offered  touching  the  case,  and  shall  determine  who  is 
elected  to  the  place  contested ;  and  whenever  the  election  of  mayor  is 


CITY  OF  BELLEVILLE. 


95 


contested,  the  city  council  shall  appoint  one  of  the  aldermen  mayor  pro 
tern.,  to  preside  at  any  meeting  holden  for  the  purpose  of  taking  testimony 
and  determining  such  contest,  and  the  mayor,  or  mayor  pro  tern .,  as  the  case 
may  be,  may  issue,  under  the  seal  of  the  city,  process  to  procure  the  attend¬ 
ance  of  witnesses. 

§  21.  In  all  elections  in  this  city,  the  person  receiving  the  greatest 
number  of  votes  for  any  office,  shall  he  declared  by  the  city  council  duly 
elected. 

§  22.  Every  judge  and  clerk  of  any  election  shall  receive  the  sum  of 
one  dollar  per  day  for  his  services  as  such  judge  or  clerk;  and  the  poll- 
books  of  election  shall  be  made  out,  with  the  necessary  certificates,  in 
blank  by  the  city  register,  and  delivered  by  him  to  one  of  the  judges  of 
election  in  each  of  the  wards  of  the  city. 

§  23.  In  case  the  office  of  mayor,  of  police  magistrate,  or  of  any  aider- 
man  shall  become  vacant  by  reason  of  their  removal  from  the  city  or  ward, 
death,  resignation,  or  by  any  other  means  whatever,  it  shall  be  the  duty  of 
the  city  council  forthwith  to  order  an  election  to  fill  the  vacant  office ; 
and  in  case  the  office  of  any  other  city  officer  should  become  vacant  by 
any  means  whatever,  three  months  before  the  regular  city  elections,  the 
city  council  shall  forthwith  order  an  election  to  fill  said,  office ;  and  in 
case  that  three  months  should  not  intervene  between  such  vacancy  and 
the  regular  city  election,  the  city  council  may  fill  such  vacancy  by  ap¬ 
pointment  until  the  regular  election. 

§  24.  The  city  elections  shall,  in  all  cases  where  there  is  no  special  pro¬ 
visions  made  by  ordinance,  be  conducted,  and  the  votes  canvassed,  so  far 
as  applicable,  in  conformity  with  the  laws  of  the  state  of  Illinois. 

Adopted. 

No.  XVIII. 

Fees  and  salaries — An  ordinance  relating  to  fees  and  salaries. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  following  fees  and  salaries  shall  be  allowed  to  the  officers  of  the 
city: 

Firsf. — The  mayor  shall  receive  a  salary  of  three  hundred  dollars  a 
year,  payable  quarterly. 

Second. — Each  alderman  shall  receive  fifty  dollars  per  year  for  his 
services;  the  allowance  to  be  made  quarterly  upon  the  report  of  the 
register  of  the  city. 

Third. — The  city  attorney  shall  receive  a  salary  of  one  hundred  and 
fifty  dollars  a  year,  payable  quarterly. 


9G 


THE  CHARTER  OF  THE 


Fourth. — The  street  inspector  shall  receive  a  salary  of  four  hundred  and 
fifty  dollars  a  year,  payable  quarterly. 

Fifth. — The  assessor  shall  receive  a  salary  of  two  hundred  dollars  a 
year,  payable  when  the  assessment  is  finished,  upon  the  order  of  the  city 
council. 

Sixth. — The  register  and  treasurer  shall  receive  a  salary  of — for  the 
register’s  office,  one  hundred  and  fifty  dollars,  and  for  the  treasurer’s  office, 
seventy-five  dollars  per  year,  payable  quarterly.  The  register  shall  also  be 
entitled  to  a  fee  of  one  dollar  for  issuing  each  license,  and  of  fifty  cents  for 
taking  each  bond ;  both  to  be  paid  by  the  applicant. 

Seventh. — The  marshal  shall  receive  a  yearly  salary  of  one  hundred  and 
twenty-five  dollars,  payable  quarterly,  and  shall  also  receive  a  commission 
of  five  per  centum  on  all  fines  and  penalties  collected  by  him  for  the  city, 
a  commission  of  two  per  cent,  on  all  licenses  collected  by  him,  and  such 
other  fees  as  are  allowed  to  constables  by  the  laws  of  the  State  of  Illinois. 

Eighth. — Constables  or  other  peace  officers  executing  process  of  the 
police  magistrates,  or  acting  under  the  city  ordinances,  shall  receive  the 
fees  allowed  them  by  the  State  laws  for  like  services,  and  also  a  commis¬ 
sion  of  five  per  centum  on  all  fines  and  penalties  collected  for  the  city. 

Ninth. — The  collector  shall  receive  a  commission  of  five  per  centum  on 
all  monies  collected  by  him  as  taxes,  and  paid  into  the  city  treasury. 

Tenth. — The  market  master  shall  receive  fifty  dollars  per  year. 

Eleventh. — The  city  surveyor  shall  receive  such  fees  and  compensation 
as  are  allowed  by  State  laws  for  similar  services,  or  shall  be  fixed  by 
ordinance. 

Twelfth. — The  city  weigher  shall  receive  such  fees  as  shall  be  allowed 
by  ordinance  for  his  services. 

§  2.  No  person  shall  be  an  incompetent  judge,  justice,  witness  or  juror, 
in  any  action  or  proceeding  in  which  the  city  of  Belleville  may  be  a  party 
in  interest,  by  reason  of  his  being  an  inhabitant  or  freeholder  in  said  city, 
or  by  reason  of  his  receiving  a  commission  on  the  penalty  which  may  be 
imposed,  or  by  reason  of  his  not  receiving  his  fees  or  costs,  in  case  said 
city  should  be  unsuccessful  in  the  prosecution  of  said  action,  or  in  the 
collection  of  the  penalty  or  fine  imposed  upon  the  defendant. 

§  3.  The  police  magistrates,  and  all  other  officers  of  the  city,  shall  not 
be  entitled  to  receive  any  costs  or  fees  from  the  city,  when,  from  any 
cause,  the  city  shall  be  unsuccessful  in  the  prosecution  of  any  action,  or 
should  be  unable  to  collect  any  fine  and  costs,  or  until  the  money  has  been 
collected  by  the  officer  authorized  to  collect  the  same. 


CITY  OF  BELLEVILLE. 


97 


No.  XIN. 

Fire  Department — Ordinance  relating  to  the  Fire  Department  of  the  city 

of  Belleville. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
There  shall  be  elected  by  the  city  council  annually,  an  officer,  who  shall 
be  denominated  the  chief  engineer  of  the  fire  department,  and  who  shall 
hold  his  office  for  one  year,  and  until  his  successor  shall  be  elected  and 
qualified. 

§  2.  It  shall  be  the  duty  of  the  chief  engineer  to  attend  all  fires,  and 
when  there  to  assume  and  take  control  over  all  the  officers  of  the  different 
engines  and  fire  apparatus,  and  to  direct  where  the  different  engines  shall 
be  stationed,  and  to  give,  through  the  officers  of  the  different  companies, 
any  and  all  such  orders  as  he  shall  deem  necessary  for  the  extinguishment 
of  fires.  He  shall  have  power  to  require  any  person  or  persons,  not 
attached  to  the  fire  department,  to  work  in  such  places  as  he  may  direct, 
aiding  to  extinguish  a  fire,  or  in  saving  of  property  from  destruction  or  loss. 

§  3.  The  said  chief  engineer  shall  have  power  to  appoint  an  assistant, 
whose  directions  shall  be  obeyed  as  if  emanating  from  said  chief  engineer 
himself;  and  any  person  or  persons  who  shall  refuse  to  obey  the  orders  of 
the  said  chief  engineer  or  assistant,  when  requested  as  aforesaid,  shall,  on 
conviction  thereof,  forfeit  and  pay  a  fine  of  not  exceeding  twenty  dollars 
and  costs  of  suit. 

§  4.  There  shall  also  be  elected  by  the  city  council,  a  fire  warden,  who  shall 
hold  his  office  for  one  year,  and  until  his  successor  shall  be  elected  and 
qualified.  It  shall  be  the  duty  of  said  fire  warden,  in  the  first  week  of 
the  months  of  October,  December  and  February,  in  each  and  every  year, 
and  at  such  other  times  as  the  city  council  may  order  him,  to  examine  the 
buildings,  stores,  barns,  and  out-houses,  and  see  that  the  same  are  not  ex¬ 
posed  or  endangered  by  any  combustible  materials;  and  it  is  hereby 
made  the  especial  duty  of  the  said  fire  warden  to  examine  the  stores, 
dwelling  houses  and  other  places,  where  fires  are  generally  used,  in  the 
compact  part  of  the  city,  and  see  that  the  fires,  fire-places,  grates,  stoves 
and  funnels,  ovens,  forges  and  other  places  used  for  the  burning  of  fuel, 
or  any  other  purpose,  are  in  a  proper  and  safe  condition,  so  as  not  to 
endanger  the  buildings,  lives  or  property  situated  near  the  same ;  and  the 
said  fire  warden  shall  report  to  the  city  council  once  in  each  of  the  months 
above  named,  and  oftener  if  required,  the  result  of  his  examinations. 

§  5.  The  said  fire  warden,  or  in  his  absence  the  city  marshal,  are 

hereby  authorized  to  enter  any  house  or  building,  lot,  yard  or  premises 

7 


98 


ORDINANCES  OP  THE  , 


within  the  corporate  limits  of  the  city  of  Belleville,  between  sunrise  and 
sunset  of  any  week  day,  for  the  purpose  of  examining  any  fire-places, 
hearths,  chimnies,  stove  or  stove  pipes,  ovens,  boilers,  kettles  or  other 
apparatus  or  fixtures  which  may  be  considered  dangerous,  in  causing  or 
promoting  fires ;  and  when  any  danger  shall  appear  from  any  apparatus 
as  aforesaid,  of  fire  taking  place,  he  shall,  or  any  of  them  may,  direct  in 
writing,  the  owner,  agent  or  occupant  of  any  premises  containing  any 
danger,  as  aforesaid,  to  remove,  alter  or  amend  the  same,  in  such  manner, 
and  within  such  time  as  he  shall  deem  reasonable  and  just;  and  any 
person  or  persons  who  shall  resist  the  entrance  of  the  fire  warden  or  city 
marshal,  as  aforesaid,  or  who  shall  neglect  or  refuse  to  attend  to 
the  directions  given  for  altering,  amending  or  removing  any  of  the 
dangers  as  aforesaid,  shall  forfeit  and  pay  for  every  offense  a  sum  not 
exceeding  twenty-five  dollars  and  costs  of  suit,  and  a  sum  of  not  exceeding 
five  dollars  for  each  and  every  day  he  or  they  shall  suffer  or  permit  the 
same  to  remain  unaltered,  amended  or  removed,  after  reasonable  time 
given  as  aforesaid,  and  costs  of  suit. 

§  6.  It  shall  be  the  duty  of  the  fire  warden  and  the  city  marshal  on 
any  alarm  of  fire,  to  forthwith  repair  to  the  place  where  such  fire  may 
happen,  for  the  preservation  of  the  public  peace,  and  the  removal  of  all 
suspicious  persons,  or  others  not  usefully  employed  in  the  extinguishment 
of  the  fires,  or  the  preservation  of  property. 

§  7.  It  shall  be  the  duty  of  the  fire  "warden  and  city  marshal,  upon 
their  own  information,  or  when  proper  information  is  given  to  any  one  of 
them  of  any  violation  of  this  or  of  the  next  succeeding  ordinance,  to  lodge 
complaint  before  any  police  magistrate  of  the  city,  for  prosecution  and 
punishment  of  the  offender ;  and  upon  his  neglect  so  to  do,  he  shall  be 
liable  to  a  fine  of  not  exceeding  ten  dollars  for  each  neglect  of  duty,  with 
costs  of  suit. 

No.  XX. 

Fives — An  ordinance  relating  to  fires. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville,  as 
follows :  No  person  shall,  within  the  city  of  Belleville,  set  up  or  use  a 
stove,  the  top  or  any  side  of  which  shall  be  within  two  feet  of  any  part  of 
the  wood-work  of  the  wall,  or  partition  of  any  building,  without  protecting 
such  wood-work  with  a  metallic  covering,  so  as  effectually  to  prevent  the 
same  from  taking  fire. 

§  2.  In  all  cases  where  a  stove-pipe  projects  or  passes  through  the  roof 
or  wood-work  of  a  building,  the  pipe  shall  be  separated  from  such  roof  or 


CITY  OF  BELLEVILLE. 


09 


wood,  at  least  six  inches,  by  sheet-iron  or  other  incombustible  material, 
and  shall  project  above  or  beyond  the  roof  or  wall  of  a  wooden  building, 
as  the  case  may  be,  at  least  three  feet. 

§  3.  No  person  shall,  in  this  city,  discharge  or  set  off  any  rockets  or 
other  pyrotechnic  exhibition,  without  the  written  consent  of  the  mayor, 
specifying  the  time  and  place,  when  and  where  the  same  may  be  done. 

§  4.  No  person  shall,  in  this  city,  fire  or  set  olf  any  squib,  cracker  or 
other  fire-works. 

§  5.  Any  person  setting  up  any  stove  or  furnace,  in  any  building  in  this 
city,  shall  place  the  same  on  a  platform  of  brick,  sheet-iron  or  other 
incombustible  substance,  extending  at  least  six  inches  in  every  direction 
beyond  the  part  of  the  lower  plate,  which  fronts  the  door  of  the  stove  or 
furnace. 

§  6.  No  person  shall,  within  the  limits  of  the  city,  stack  or  cause  to  be 
stacked,  any  hay,  straw,  corn-fodder  or  other  combustible  material,  (wood 
and  coal  excepted,)  nor  keep  the  same  within  sheds,  stables,  barns,  or 
other  buildings  not  completely  closed  in,  within  sixty-five  feet  of  any 
building  where  fire  may  be  kept. 

§  1.  No  person  shall  build,  make  or  kindle,  or  cause  to  be  kindled  any 
fire  in  any  frame  building,  plank  or  any  other  temporary  shed  of  lumber, 
or  house  made  of  lumber,  without  having  a  chimney,  stove  or  vault,  in 
which  to  build,  make  or  kindle  such  fire. 

§  8.  All  persons  building  any  chimneys  or  fiues  in,  or  to  any  houses, 
for  the  purpose  of  conducting  smoke,  shall  plaster  the  inside  with  a  thick 
and  good  coat  of  mortar. 

§  9.  Whoever  shall  violate  any  of  the  provisions,  contained  in  any  of 
the  above  sections,  shall  forfeit  and  pay  not  less  than  one  nor  more  than  a 
hundred  dollars. 

§  10.  The  city  shall  furnish  fifty  well  made  fire-buckets,  to  be  kept  at 
the  engine  house  or  other  convenient  place  ready  for  use. 

§  11.  The  city  council  shall  appoint  from  four  to  eight  good  men  in 
each  ward  to  act  as  guards  over  the  different  parts  and  streets  of  their 
respective  wards  during  the  prevalence  of  any  fire  in  the  city ;  and 
whenever  the  alarm  of  fire  is  raised,  it  is  the  duty  of  said  guards  diligently 
to  watch  the  different  places  assigned  to  them. 

§  12.  Any  person  who  shall  take  away  or  remove  without  authority  any 
of  the  hooks  and  ladders,  buckets,  hose,  engine  or  other  fire  apparatus,  the 
property  of  the  city,  individuals  or  companies,  from  the  places  where  the 
same  are  generally  kept,  or  who  shall  wantonly  injure  or  destroy  any  of 
the  said  fire  apparatus,  shall  be  liable  to  a  fine  of  not  exceeding  one 
hundred  dollars. 


100 


ORDINANCES  OF  THE 


§  13.  No  owner  or  occupant  of  any  livery  stable,  tavern  stable  or  other 
stable  in  the  city  of  Belleville,  nor  any  person  in  their  employ,  shall  be 
allowed  to  use  in  said  stables  any  lighted  candle,  or  other  light,  except  the 
same  shall  be  secured  within  a  tin,  horn,  glass,  or  metal  lantern,  under  a 
penalty  of  not  exceeding  five  dollars  for  each  and  every  offense,  and  costs 
of  suit. 

Approved. 

No.  XXI. 

Gas  Light  and  Coke  Company — Ordinance  relating  to  the  Belleville  Gas 

Light  and  Coke  Company. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  Belleville  Gas  Light  and  Coke  Company  are  hereby  authorized 
to  make  all  necessary  excavations  in  the  streets,  alleys,  lanes,  sidewalks 
and  public  grounds  in  the  city  of  Belleville,  for  the  laying  of  main  and 
service  pipes,  drips,  Ac.,  in  constructing  gas  works,  for  furnishing  gas  light 
to  the  city  and  inhabitants  of  Belleville — causing  as  little  obstruction  to 
the  business  and  travel  as  possible,  during  the  laying  of  said  pipes,  Ac., 
and  doing  no  permanent  injury  to  said  streets,  alleys  and  sidewalks,  Ac., 
but  leaving  them  in  as  good  order  as  when  they  commenced  their  works. 

§  2.  Any  person  or  persons,  making,  or  causing  to  be  made,  any  exca¬ 
vation,  or  removing  any  pavement,  curbstone  or  guttering,  or  otherwise 
damaging  or  doing  injury  to  any  street,  alley,  lane,  avenue,  pavement  or 
gutter,  within  the  city  of  Belleville,  for  the  purpose  of  laying  gas  pipe, 
water  pipe,  or  of  setting  lamp  posts,  or  for  any  other  purpose  whatever, 
and  not  leaving  the  said  street,  alley,  lane,  avenue,  pavement  or  gutter  in 
as  good,  substantial,  neat  and  permanent  a  manner  as  the  same  was  before 
said  excavation  or  removal,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  in  a  sum  of  not  less  than  ten  dollars  for 
each  offense,  and  shall  be  subject  to  an  additional  fine  of  five  dollars  for 
each  day  said  excavation  or  removal  remains  unrepaired. 

§  3.  Any  person  or  persons  who  shall  willfully,  or  maliciously,  or  neg¬ 
ligently,  or  by  letting  their  team  run  away,  injure,  break  or  destroy  any 
lamp  post,  lamp,  pipe,  or  any  of  the  fixtures  of  the  gas  works  of  the  Belle¬ 
ville  Gas  Light  and  Coke  Company,  shall  be  fined  in  a  sum  not  less  than 
three,  nor  more  than  twenty-five  dollars,  and  shall  also  pay  the  amount  of 
the  damage  so  done. 

§  4.  Any  person  or  persons  who  shall  willfully  or  maliciously  interfere 
with  any  lamp  post,  or  lamp,  belonging  to  the  gas  works,  in  the  streets  or 
public  places,  in  the  city  of  Belleville,  by  letting  on  the  gas,  or  by  shutting 


CITY  OF  BELLEVILLE. 


101 


off  the  gas,  or  by  lighting  the  same,  or  by  putting  it  out,  shall  be  liable  to 
a  penalty  of  not  less  than  three,  nor  more  than  twenty-five  dollars  for  each 
and  every  offense. 

Approved. 

No.  XXII. 

Gas  light  and  special  tax — Ordinance  relating  to  gas  light  and  special  tax. 

Section  1 .  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
That  Main  street,  from  the  line  between  Belleville  and  West  Belleville,  to 
Oak  street;  Illinois  street,  from  Washington  street  to  Fifth  (5th)  South 
street ;  High  street,  from  First  North  street  to  Fourth  (4th)  South  street ; 
Richland  street,  from  First  North  to  Third  South  street;  Jackson  street* 
from  Main  street  to  Second  South  street ;  Charles  street,  from  Main  street 
to  First  South  street;  First  South  street,  from  Shawneetown  road  to 
Charles  street;  Shawneetown  road,  from  First  South  street  to  Second 
South  street,  shall  compose  the  gas  district,  and  shall  be  lighted  with  gas; 
the  lamps  to  be  lighted  at  early  candle  light,  and  to  burn  till  twilight  in 
the  morning,  except  in  clear  moonlight  nights. 

§  2.  No  lots  or  real  estate  fronting  on  any  streets  lighted  by  gas  shall 
be  assessed,  as  aforesaid,  to  a  greater  depth  from  such  street  than  one 
hundred  and  sixty-five  (165)  feet,  nor  shall  any  such  property  on  the 
corner  of  streets,  having  two  fronts,  b'e  assessed  more  than  once. 

§  3.  The  lots  and  real  estate  contained  within  the  above  described  lines 
of  boundary,  shall  constitute  and  be  called  a  gas  district,  and  the  city 
council  may  hereafter,  by  resolution,  add  to  and  extend  said  gas  district ; 
and  whenever  the  gas  district  shall  have  been  extended,  and  other  real 
estate  added  to  the  gas  district  above  described,  the  same  shall  be  subject 
to  the  same  taxation  and  to  all  the  other  rules  and  regulations  herein 
contained. 

§  4.  It  shall  be  the  duty  of  the  city  council  annually  to  levy  a  special 
tax  on  all  real  estate  located  within  the  limits  of  the  gas  district,  in  the 
same  manner  as  general  taxes  are  levied,  assessed  and  collected,  sufficient 
to  defray  one-half  of  the  expenses  of  lighting  the  streets  within  the  gas 
district. 

§  5.  Whenever  a  reasonable  number  of  the  owners  of  lots  or  other  real 
estate  fronting  on  any  street,  shall  petition  the  city  council  to  add  such 
street  and  property  to  the  gas  district,  the  council  shall  refer  said  petition 
to  a  committee,  whose  duty  it  shall  be  to  examine  into  the  expediency  of 
granting  said  petition,  with  reference  to  the  interest  of  the  city  and  the 
gas  company ;  and  if  said  committee  shall  report  in  favor  of  said  petitioners, 


102 


ORDINANCES  OF  THE 


and  the  city  council  shall  receive  and  approve  of  their  report,  then  the 
street  and  property  described  in  said  petition  shall  be  added  to  the  gas 
district  by  resolution  ;  and  it  shall  be  the  duty  of  the  city  council  annually 
to  have  assessed,  levied  and  collected  a  special  tax,  as  specified  in  section 

4,  and  enter  into  a  contract  with  the  gas  light  and  coke  company,  or  their 
authorized  agents,  to  light  the  new  addition  to  the  gas  district,  as  specified 
in  section  1  :  Provided ,  that  if,  in  the  opinion  of  the  city  council,  the 
interests  of  the  city  would  not  be  promoted  by  the  lighting  of  a  particular 
street,  lane,  avenue,  road  or  alley,  the  same  may  be  suspended:  and, 
Provided  also,  that  no  street  or  property  fronting  thereon  shall  be  added 
to  the  gas  district,  and  charged  with  gas  light  tax,  before  the  service  pipe 
has  been  laid  and  lamp  posts  erected. 

§  6.  It  shall  be  the  duty  of  the  gas  light  and  coke  company  to  extend 
the  main  and  service  pipe,  and  to  erect  lamps  and  lamp  posts,  and  to  light 
and  keep  the  lamps,  posts  and  pipes  in  good  repair,  as  may  from  time  to 
time  be  required  by  the  city  council. 

§  7.  It  shall  be  the  duty  of  the  city  register,  whenever  a  special  tax 
shall  be  assessed  as  above  described,  upon  the  real  and  personal  estate  in 
any  lamp  district  petitioned  for  and  added  to  the  gas  district,  as  in  section 

5,  to  rule  appropriate  columns  in  the  assessor’s  book  for  general  taxes,  for 
the  entry  of  a  special  tax,  to  be  termed  a  street  lamp  tax,  and  the  same 
shall  be  assessed  by  the  assessor  in  the  ordinary  manner,  and  collected  by 
the  collector  at  the  same  time,  and  with  the  same  powTers  and  restrictions 
as  the  general  taxes  are  now  collected,  or  may  from  time  to  time  be 
collected.  It  is  also  hereby  made  the  duty  of  the  register  to  keep  separate 
and  accurate  accounts  of  all  the  expenditures  and  the  monies  collected 
herein  by  said  special  tax. 

§  8.  If  any  awning,  tree,  sign  post,  board,  or  other  obstruction  of  gas 
light,  shall  be  suffered  by  the  owner  or  occupant  of  any  premises  to  grow, 
or  remain  in  such  manner  as  to  obstruct  the  reflection  of  the  public  lamps, 
it  shall  be  the  duty  of  the  street  inspector,  under  the  direction  of  the 
mayor  or  committee  on  gas  light,  to  notify  the  owner  or  occupant  of  the 
premises  forthwith  to  remove  the  same  in  manner  to  be  specified.  If  any 
person  or  persons  shall  refuse  or  neglect  to  comply  with  such  notice,  they 
shall  be  subject  to  a  penalty  of  five  dollars  for  each  refusal  or  neglect. 


Approved. 


CITY  OF  BELLEVILLE. 


103 


No.  XXIII. 

Grade — Ordinance  in  relation  to  the  grade  of  the  city  of  Belleville ,  of 

sidewalks  and  streets. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  grade  as  set  and  established  in  the  year  1850  by  the  president 
and  board  of  trustees  of  the  town  of  Belleville,  and  as  recorded  and 
entered  in  the  books  and  maps  in  the  register’s  office,  be  and  is  hereby 
considered  as  the  grade  of  the  city  of  Belleville  ;  that  the  street  inspector 
and  other  agents  of  the  city  shall  work  according  to  the  said  grade ;  and  that 
all  persons,  before  they  build,  should  consult  the  same  to  prevent  injury 
or  damage  to  their  property. 

§  2.  Whenever  any  street  has  been  graded,  macadamized  or  planked, 
under  the  authority  of  the  city,  it  shall  be  the  duty  of  the  owners  of  the 
lots  adjoining  said  street,  within  ninety  days  after  the  city  has  finished  the 
improvements  of  said  street,  to  pave,  grade,  or  plank  the  side-walk  in 
front  of  their  respective  lots  ;  Provided ,  that  in  case  the  city  council 
should  have  passed  a  special  ordinance  respecting  the  grading,  paving  or 
planking  of  such  side-walks,  then  the  said  special  ordinances  shall  govern 
and  be  followed. 

§  3.  Whenever  the  city  council  shall  by  ordinance  direct  the  owner  or 
owners  of  any  lots,  to  plank,  pave  or  grade  any  side-walk  within  the  city 
of  Belleville,  and  the  owner  or  owners  of  such  lot  or  lots  shall  neglect 
or  refuse  to  plank,  pave  or  grade  said  side-walks  within  the  time  pre¬ 
scribed  by  the  city  council  in  said  ordinance,  the  owner  or  owners  so 
neglecting  or  refusing  shall  be  liable  to  a  fine  of  not  exceeding  twenty- 
five  dollars,  and  for  every  week  that  he  or  they  refuse  or  neglect  to  plank, 
pave  or  grade  said  side-walks  after  being  once  fined,  to  an  additional  fine 
of  not  exceeding  ten  dollars;  Provided ,  that  this  ordinance  shall  not 
deprive  the  city  of  any  other  remedies  given  by  ordinance  in  such  case. 

Adopted. 

No.  XXIV. 

Gun  'powder  and  gun  cotton — An  ordinance  relating  to  gun  powder  and 

gun  cotton. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville ,  as 
follows :  No  person  or  persons  who  is  or  are  not  a  retailer  or  retailers  of 
gun  powder  or  gun  cotton,  or  explosive  cotton,  or  engage  in  quarrying 
rock,  shall  keep,  have,  possess  or  store,  at  or  in  any  one  place,  within  the 
limits  of  the  city  of  Belleville,  any  gunpowder,  gun  cotton,  or  explosive 
cotton,  except  in  a  quantity  not  exceeding  one  pound  for  his  or  their  use. 


104 


ORDINANCES  OF  THE 


§  2.  No  retailer  of  gunpowder,  gun  cotton,  or  explosive  cotton,  or  per¬ 
son  engaged  in  quarrying  rock,  shall  keep,  have  possess,  or  store  at,  or  in 
any  one  place  within  the  limits  of  the  city,  at  any  one  time,  more  than  one 
keg,  or  twenty-five  pounds,  of  gunpowder,  gun  cotton,  or  explosive  cotton. 

§  3.  If  an  affidavit  be  made  before  the  mayor,  showing  probable  cause 
for  the  belief  that  any  person  keeps,  has,  possesses,  or  conceals  any  gun¬ 
powder,  gun  cotton  or  explosive  cotton,  in  violation  of  this  ordinance,  he 
shall  issue  to  the  city  marshal  a  search  warrant,  commanding  him  to  search 
such  suspected  place  named  in  the  affidavit,  in  quest  of  such  gunpowder, 
gun  cotton,  or  explosive  cotton,  and  which  shall  be  forthwith  rigidly  ex¬ 
ecuted. 

§  4.  Whoever  shall  violate  any  provision  of  this  ordinance  shall  be 
liable  to  a  fine  of  not  exceeding  one  hundred  dollars. 

Adopted. 

No.  XXV. 

Hotels  and  Boarding  Houses — Ordinance  relating  to  Hotels  and  Boarding 

Houses. 

Be  it  ordained  by  the  city  council  of  the  city  of  Belleville ,  That  all 
proprietors  of  hotels  or  boarding  houses  be  required  to  keep  a  registry,  and 
require  of  all  persons  sojourning  with  them  to  register  their  names, 
together  with  their  places  of  residence  and  their  destinations,  and  keep 
said  registry  open  to  the  inspection  of  all  city  officers. 

Any  persons  violating  or  not  complying  with  the  above  ordinance  shall 
be  guilty  of  a  misdemeanor,  and  fined  accordingly. 

Adopted. 

No.  XXVI. 

Hogs — Ordinance  to  prevent  hogs  from  running  at  large. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  any  person  or  persons  who  shall  own,  or  have  in  his  or  their 
possession,  any  hog  or  hogs,  within  the  city  limits,  and  shall  permit  or 
suffer  such  hog  or  hogs  to  run  at  large,  in  any  street,  alley,  or  open  lot,  or 
place  within  the  city  limits,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction,  be  fined  accordingly. 

§  2.  If  any  hog  or  hogs  be  found  running  at  large,  within  the  city,  it 
shall  be  the  duty  of  the  city  marshal  to  enter  into  a  contract  with  some 
responsible  person  or  persons,  who  shall  have  the  marshal’s  authority,  in 
writing,  to  catch  said  hog  or  hogs  so  running  at  large,  and  to  feed  and 
keep  them  confined  in  some  lot  or  pen  until  the  owner  shall  pay  to  the 


CITY  OF  BELLEVILLE. 


105 


marshal  a  fine  of  two  dollars  for  every  head,  and  all  costs  incurred  by  the 
city  in  impounding  the  same. 

§  3.  If  any  hogs  impounded,  as  aforesaid,  shall  not  be  claimed  or  taken 
away  by  the  owner,  it  shall  be  the  duty  of  the  marshal  to  sell  the  same 
at  the  place  where  they  are  kept,  to  the  highest  bidder,  on  the  first  and 
third  Saturday  of  every  month,  after  having  given  two  days’  notice  of  the 
time  and  place  of  such  sale. 

§  4.  The  marshal  shall,  after  the  sale  of  any  hog  or  hogs,  having  first 
paid  all  the  expenses  of  impounding,  keeping,  etc.,  pay  all  monies  received 
by  him,  as  aforesaid,  at  such  sales,  and  for  fines,  to  the  city  treasurer. 

§  5.  The  marshal  shall  receive  fifty  cents  for  every  hog  impounded, 
from  the  owner,  and,  in  case  of  sale,  he  shall  be  entitled  to  one  dollar  for 
every  hog  sold  by  him,  to  be  paid  by  the  city. 

Approved. 

XXVII. 

Infectious  or  contagious  diseases — Ordinance  in  relation  to  infectious  and 

contagious  diseases. 

Section:  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville. 
All  persons  having  small  pox,  varioloid,  or  other  contagious  or  infectious 
diseases  in  the  city,  are  hereby  required  to  keep  closely  confined  within 
their  respective  houses,  or  places  of  residence  ;  the  city  marshal,  upon 
due  information  of  anv  such  infectious  or  contagious  disease  existing 
shall  cause  suitable  notices,  with  the  name  or  character  of  the  disease 
printed  or  written  in  large  letters  thereon,  to  be  posted  up  in  two  conspic¬ 
uous  places  near  the  building,  or  place  in  which  such  contagious  or 
infectious  disease  exists,  and  have  such  notices  kept  up  during  the  preva¬ 
lence  of  such  disease.  Any  person  failing  to  comply  with  the  requirements 
of  this  section  shall  be  liable  to  a  fine  of  not  exceeding  one  hundred 
dollars. 

§  2.  If  any  person  shall  leave  his  or  her  place  of  abode,  and  be  found 
going  about  the  city  after  the  small  pox  or  varioloid  eruption  has  made 
its  appearance  upon  him  or  her,  they  shall  forfeit  and  pay  to  the  city  a  fine 
of  not  exceeding  one  hundred  dollars. 

§  3.  The  mayor  of  the  city,  in  connection  with  one  alderman  from  each 
ward,  shall  constitute  a  board  of  health,  which  shall  exercise  a  general 
supervision  over  the  public  health  of  the  city,  and  shall  make,  from  time  to 
time,  such  sanitary  regulations  as  they  may  deem  expedient  or  necessary 
to  promote  or  preserve  the  same,  or  to  prevent  the  introduction  or 
spreading  of  any  contagious,  malignant  or  pestilential  disease. 


106 


ORDINANCES  OF  THE 


§  4.  Any  practicing  physician  who  shall  have  any  patient  within  the 
city  of  Belleville  laboring  under  any  contagious,  infectious  or  pestilential 
disease  shall  forthwith  make  report  thereof,  in  writing,  to  the  mayor, 
describing  the  locality  of  the  patient,  so  that  he  may  be  easily  found,  and, 
upon  failure  so  to  do,  shall  be  liable  to  a  penalty  not  exceeding  twenty 
dollars. 


No.  XXVIII. 

Licenses — Ordinance  relating  to  licenses. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
It  shall  not  be  lawful  for  any  person  or  persons  to  exercise  within  the 
limits  of  the  city  of  Belleville  the  business  of  an  auctioneer,  broker,  pawn¬ 
broker,  banker,  dealer  in  exchange  or  money  changer,  hawker  or  peddler, 
insurance  agent  or  broker,  or  to  keep  a  beer  house,  coffee  house,  grocery, 
house  of  entertainment,  drinking  saloon,  billiard  table,  nine  or  ten  pin 
alley,  shuffle  board,  bagatelle  table,  ordinary,  or  to  run  an  omnibus, 
carriage,  cart,  wagon,  dray  or  other  vehicle  in  the  city  for  hire,  or  to  own, 
conduct,  or  manage  for  gain,  a  theatre  or  other  exhibition,  show  or 
amusement,  without  having  first  obtained  a  license  for  such  purpose. 

§  2.  There  shall  be  levied  and  collected  for  every  license  granted  for 
one  year,  for  any  business  or  object  hereinafter  specified,  the  following 
sums : 

First. — Upon  a  merchandise  or  real  estate  broker’s  license,  twenty-five 
dollars. 

Second. — Upon  a  banker’s,  money  broker’s,  pawnbroker’s  or  exchange 
dealer’s  license,  one  hundred  dollars. 

Third. — Upon  an  auctioneer’s  license,  thirty-five  dollars. 

Fourth. — Upon  a  hawker’s  or  peddler’s  license,  as  follows  :  for  one  year 
twenty-five  dollars. 

Hawkers’  and  peddlers’  licenses  may  also  be  granted  for  periods  less 
than  a  year,  as  follows : 


For  six  months . $15  00 

For  three  months .  8  00 

For  one  month .  5  00 

For  one  week .  3  00 


Fifth. — Upon  a  license  to  keep  a  billiard  table,  twenty-five  dollars  for 
each  table. 

Sixth. — Upon  a  license  to  keep  a  nine  or  ten  pin  alley,  ten  dollars. 
Seventh. — Upon  a  license  to  keep  a  bagatelle  table  or  pigeon  holes,  five 
dollars. 


CITY  OF  BELLEVILLE. 


107 


Eighth. — Upon  a  license  to  keep  an  ordinary,  ten  dollars. 

Ninth. — Upon  a  license  for  a  circus,  menagerie  or  caravan,  twenty-five 
dollars  for  each  day’s  exhibition  of  the  same. 

Tenth. — For  every  equestrian  exhibition,  musical  party,  concert,  exhi¬ 
bition  of  rope  or  wire  dancing,  puppets,  wax-figures,  paintings,  statuary, 
tricks  of  legerdemain,  pugilism,  or  any  other  exhibition,  show  or  amuse¬ 
ment,  lecture  or  readings,  delivered  or  exhibited  for  gain,  four  dollars  for 
each  day  :  Provided ,  That  for  lectures  on  art,  science  and  literature,  and 
for  musical  parties  or  concerts,  and  exhibitions  of  paintings  or  statuary, 
given  or  made  by  citizens  of  this  city,  and  thespian  performances  for  be¬ 
nevolent  purposes,  no  license  shall  be  required. 

Eleventh. — Any  person  who  may  carry  about  the  streets  any  hand- 
organ,  or  other  musical  instrument,  for  the  purpose  of  performing  thereon, 
either  on  any  street,  place,  or  in  any  house,  for  gain,  shall  pay  a  license  of 
one  dollar  per  day. 

§  3.  It  shall  not  be  lawful  for  any  person  or  persons  to  permit  theatri¬ 
cal  performances  in  his  or  their  house,  nor  shall  any  person  or  persons 
conduct  or  manage  a  theatre,  without  first  obtaining  a  license  therefor. 
Upon  such  person  or  persons  paying  to  the  city  register  twenty-five  dollars, 
and  one  dollar  to  the  register  for  issuing  the  license,  the  license  granted 
shall  continue  in  force  for  one  year  from  its  date ;  but  half  yearly  licenses 
may  be  granted  for  fifteen  dollars,  and  quarterly  licenses  for  eight  dollars, 
under  this  section . 

Omnibusses ,  Carriages ,  Wagons  and  Carts. 

§  4.  The  register  may  grant  a  license  to  any  person  or  persons  apply- 
for  the  same,  to  run  any  wagon,  omnibus,  cart  or  carriage,  for  the  purpose 
of  carrying  freight  or  passengers  within  the  limits  of  the  city  of  Belleville, 
at  the  following  rates : 

For  any  two  horse  wagon,  passenger  omnibus  or  carriage  for  the  term  of  one  year. .  $5  00 
“  “  “  “  “  six  months  . .  3  00 

“  “  “  “  “  three  months . .  2  00 


For  any  one  horse  wagon,  cart  or  dray,  for  the  term  of  one  year .  3  00 

“  “  “  “  “  six  months .  2  00 

“  “  “  “  “  three  months .  1  50 


Rates  for  hauling  and  carrying  Passengers  within  the  City  Limits. 

§  5.  All  hacks,  carriages,  omnibusses,  wagons  and  carts,  which  have 
obtained  a  city  license  according  to  ordinance,  shall  be  allowed  the  follow¬ 
ing  rates  for  hauling  within  the  city  limits : 

First. — For  each  and  every  passenger  carried  to  or  from  the  railroad 
depot,  to  any  part  of  the  city,  the  sum  of  ten  cents. 


f 


108 


ORDINANCES  OF  THE 


Second. — For  each  two  horse  wagon  load  of  goods,  wares  or  merchan¬ 
dise,  to  or  from  the  railroad  depot  to  any  part  of  the  city,  or  from  any 
point  in  the  city  to  any  other  place  within  the  city  limits,  the  sum  of 
twenty-five  cents. 

Third. — For  each  and  every  one  horse  wagon  load  of  goods,  wares  or 
merchandise,  to  or  from  the  railroad  depot  to  any  part  of  the  city,  or  from 
any  point  in  the  city  to  any  other  place  within  the  city  limits,  the  sum  of 
twenty  cents. 

Fourth. — For  each  and  every  cart  load  of  goods,  wares  or  merchandise, 
to  or  from  the  railroad  depot,  or  from  any  other  point  in  the  city  to  any 
other  place  within  the  city  limits,  the  sum  of  fifteen  cents. 

Fifth. — Any  person  or  persons  refusing  or  neglecting  to  comply  with 
the  provisions  of  this  section,  shall  be  fined  in  a  sum  not  exceeding  five 
dollars  for  each  offense  or  over  charge. 

License  for  sale  of  Intoxicating  Liquors. 

§  6.  All  persons  keeping  a  grocery,  beer  saloon,  coffee  house,  or  house 
of  entertainment,  wherein  spiritous,  vinous  or  mixed  liquors,  beer,  ale, 
porter  or  any  other  malt  liquors,  cider,  or  any  fluid  containing  alcohol,  are 
sold  in  a  less  quantity  than  one  gallon,  shall  be  required  to  obtain  therefor 
a  license. 

§  7.  Before  a  license  shall  be  issued  to  any  person  to  retail  any  liquors 
under  the  provisions  of  the  above  section,  such  person  shall  execute  a  bond 
to  the  city  of  Belleville  in  the  sum  of  five  hundred  dollars,  signed  by  at 
least  two  freeholders  of  the  city  as  sureties,  to  be  approved  by  the  city 
council,  and  conditioned  that  the  person  to  whom  such  license  is  granted, 
shall  keep  an  orderly,  well  regulated  house,  and  shall  observe  and  obey  all 
laws  and  ordinances  now  in  force,  or  such  as  may  hereafter  be  in  force, 
regulating  and  governing  retailers  of  liquors.  Such  bond  shall  be  executed 
before  the  register,  filed  in  his  office,  and  laid  before  the  city  council  for 
its  approval ;  and  any  breach  of  its  conditions  may,  in  the  discretion  of  the 
said  council,  work  a  forfeiture  of  the  license  of  the  person  so  offending. 

§  8.  The  city  register  is  hereby  authorized  to  issue  a  license  to  any 
person  who  desires  to  keep  a  grocery,  beer  saloon,  coffee  house,  or  house 
of  entertainment,  wherein  spiritous,  vinous  or  mixed  liquors,  beer,  ale, 
porter,  or  any  other  malt  liquors,  cider,  or  any  other  fluid  containing 
alcohol,  are  sold  in  a  less  quantity  than  one  gallon,  and  who  has  entered 
into  bond  as  above  specified,  upon  such  person  paying  said  register  seventy- 
five  dollars  for  one  year’s  license,  or  forty  dollars  for  half  a  year’s  license; 
and  in  addition  one  dollar  for  issuing  the  license,  and  fifty  cents  for  taking 
the  bond. 


CITY  OF  BELLEVILLE. 


109 


§  9.  No  license  shall  be  granted  for  a  longer  period  than  one  year,  and 
all  licenses  shall  be  issued  by  the  city  register  under  the  seal  of  the  city, 
signed  by  the  mayor  and  countersigned  by  the  register,  and  shall,  as  near 
as  may,  be  in  the  following  form  : 

STATE  OF  ILLINOIS,  ) 

CITY  OF  BELLEVILLE.  $ 

I, - ,  Mayor  of  the  city  ot  Belleville,  to  all  who  shall  see  these 

presents,  greeting : 

Know  ye,  that  whereas - on  the  —  day  of - ,  A.  D.  18 — , 

paid  to  the  Register  of  the  city  the  sum  of - dollars,  being  the  tax 

imposed  on - or - and  otherwise  complied  with  the  city  ordi¬ 
nance,  in  this  behalf,  therefore  the  said - is  hereby  authorized  and 

empowered  to - for  the  term  of - . 

This  —  day  of  — ,  A.  D.  18 — . 

Attest :  Mayor. 

[seal.]  Register. 

§  10.  No  license  shall  be  valid  until  signed  and  countersigned  as  afore¬ 
said,  nor  shall  any  person  be  deemed  licensed  until  a  license  shall  be  duly 
issued  to  him.  Each  license  shall  be  dated  the  day  of  the  issuing  thereof, 
but  if  the  applicant  has  been  acting  without  license,  then  it  shall  be  dated 
from  the  time  he  so  commenced  acting. 

§  11.  All  licenses  granted  shall  be  subject  to  all  ordinances  in  relation 
to  licenses  which  may  be  in  force  at  the  time  of  the  issuing  thereof,  or 
which  may  be  subsequently  passed  by  the  city  council ;  and  if  any  person 
licensed  shall  violate  any  provision  of  any  ordinance  in  relation  to  his 
license,  he  may  be  proceeded  against  for  any  penalty  imposed,  and  on 
conviction  his  license  may  be  forfeited  or  revoked,  in  the  discretion  of  the 
city  council,  or  of  the  court,  or  magistrate,  before  whom  the  conviction 
took  place. 

§  12.  No  license  granted  shall  be  assignable  or  transferable;  nor  shall 
any  person  be  authorized  to  do  business  or  act  under  such  license,  but  the 
person  to  whom  it  is  granted ;  nor  shall  any  license  authorize  any  person 
to  act  under  it  at  more  than  one  place  at  the  same  time,  or  at  any  other 
time  than  is  therein  specified.  Whoever  shall  violate  any  provision  of 
this  section,  shall  be  deemed  to  be  acting  without  license,  and  shall  be 
subject  to  the  same  penalty  as  is  prescribed  for  acting  without  license. 

§  13.  The  register  shall  keep  a  license  register,  in  which  he  shall  enter 
the  name  of  each  person  licensed,  for  what  purpose  licensed,  the  place  of 
business,  the  date  of  the  license,  the  amount  paid,  and  the  date  of  the 
expiration  of  the  same,  and  shall  report  the  same  to  the  city  council  at 


110 


ORDINANCES  OF  THE 


every  regular  monthly  meeting.  He  may  charge  a  fee  of  one  dollar  for 
every  license  issued,  and  fifty  cents  for  every  bond  taken ;  both  fees  to  be 
paid  by  the  applicant  for  license. 

§  14.  The  city  marshal  shall  enforce  all  ordinances  in  relation  to 
licenses,  and  shall,  from  time  to  time,  examine  the  license  register,  and 
prosecute  all  persons  who  may  be  acting  without  license,  and  shall  collect 
from  them  the  sum  which  may  be  taxed  for  their  license,  and  which  shall 
not  have  already  been  paid  to  the  register.  He  shall  be  entitled  to  a 
commission  of  two  per  cent,  from  the  amount  collected  for  licenses,  and 
his  receipt  shall  be  good  to  the  extent  and  purport  thereof ;  but  no  person 
shall  be  considered  as  licensed,  until  license  shall  be  issued  in  due  form,  as 
required  by  ordinance. 

§  15.  Whoever  shall  engage  in  any  business  or  employment  enumer¬ 
ated  in  this  ordinance  (No.  XXVIII)  without  having  first  obtained  license 
therefor — or  whoever  shall  violate,  or  neglect,  or  refuse  to  conform  to,  and 
observe,  the  provisions  of  this  ordinance,  or  any  other  of  them — provided 
there  is  no  specific  penalty  already  assessed — shall  be  liable  and  subject  to 
pay  a  fine  of  not  exceeding  one  hundred  dollars,  to  be  sued  for  and  recovered 
as  in  other  cases  of  breach  of  city  ordinances. 

Licenses  of  groceries  beyond ,  and  within ,  half  a  mile  of  the  city  limits. 

§  16.  All  persons  living  beyond  the  limits  of  the  city  of  Belleville,  and 
within  one-half  mile  of  the  limits  of  said  city,  who  keeps  a  grocery,  beer 
saloon,  coffee  house  or  house  of  entertainment,  wherein  spirituous,  vinous 
or  mixed  liquors,  beer,  ale,  porter,  or  any  other  malt  liquors,  cider,  or  any 
fluid  containing  alcohol,  are  sold  in  a  less  quantity  than  one  gallon,  shall 
be  required  to  obtain  a  license  therefor. 

§  17.  The  city  register  is  hereby  authorized  to  issue  licenses  for  one 
year  to  the  persons  described  in  section  sixteen,  upon  payment  of  the  sum 
of  fifty  dollars — and  for  half  a  year,  upon  payment  of  the  sum  of  thirty 
dollars,  and  the  usual  fees  to  the  register :  Provided ,  That  the  applicants 
shall  first  have  given  bond  as  prescribed  in  section  seven  of  this  ordinance, 
and  provided,  also,  that  sections  sixteen  and  seventeen  shall  not  apply  to 
persons  living  in  the  town  of  West  Belleville. 

§  18.  Whoever  shall  violate,  or  neglect,  or  refuse  to  conform  to  and 
observe  the  provisions  contained  in  sections  sixteen  and  seventeen,  shall  be 
liable  to  a  fine  of  not  exceeding  one  hundred  dollars,  to  be  recovered  as  in 
other  cases  of  breach  of  ordinances,  and  shall,  also,  be  liable  to  have  his 
license  revoked  and  declared  forfeited. 


CITY  OF  BELLEVILLE. 


Ill 


Licenses  of  non-resident  or  transient  traders. 

§  19.  No  person  or  persons,  not  being  a  resident  or  residents  of  the  city 
of  Belleville,  shall,  within  the  city  of  Belleville,  sell,  barter  or  offer  for 
sale,  or  expose  to  sale,  any  goods,  wares,  merchandize,  boots,  shoes,  cloth¬ 
ing,  cigars,  or  lumber  of  any  kind  whatever,  other  than  agricultural 
products  of  this  or  any  other  State,  and  articles  manufactured  in  private 
families  within  the  limits  of  said  city,  either  by  card,  sample  or  other 
specimen,  or  by  written,  printed  or  trade  list,  or  catalogue,  whether  such 
persons  be  the  makers  thereof  or  not,  without  first  having  obtained  a 
license  so  to  do ;  and  such  license  shall  be  issued  by  the  city  register  to 
only  the  person  applying  for  the  same,  upon  the  payment  of  the  sum  of 
one  hundred  dollars,  which  license  shall  be  for  the  term  of  one  year,  and 
no  longer. 

§  20.  Each  person  licensed  as  a  trader,  as  aforesaid,  shall  give  a  bond 
with  two  good  securities,  in  the  sum  of  one  thousand  dollars,  conditioned 
to  guard  the  public  against  fraud  or  misrepresentation  on  the  part  of  the 
trader. 

§  21.  That  from  and  after  the  passage  of  this  ordinance  no  person,  or 
persons,  resident,  or  residents  of  this  State,  and  of  the  city  of  Belleville, 
and  licensed  therein,  shall  suffer  or  permit  any  person,  or  persons,  not  a 
permanent  resident,  or  residents,  of  this  State,  and  of  this  city,  and  not  in 
his  or  their  regular  service  or  employ,  to  sell  any  goods,  wares,  merchan¬ 
dize,  boots,  shoes,  clothing,  cigars  or  lumber,  by  sample,  card  or  other 
specimen,  or  by  written,  printed  or  trade  lists,  under  his  or  their  firm  or 
copartnership,  or  at  the  store,  counting  room  or  warehouse,  in  his  or  their 
occupation,  or  used  as  his  or  their  place  of  business. 

§  22.  The  term  of  transient  or  non-resident  trader  shall  be  construed 
to  mean  any  person  not  permanently  transacting  business  within  the  city, 
and  not  having  paid  all  city  taxes  upon  his  stock  in  trade,  regularly  and 
legally  assessed  and  collected  upon  the  stock  in  trade  of  permanent  mer¬ 
chants  or  traders. 

§  23.  Any  person  or  persons  offending  against  the  provisions  of  this 
ordinance,  upon  conviction  before  a  police  magistrate,  shall  be  adjudged  to 
pay  a  fine  of  not  exceeding  one  hundred  dollars. 

License  of  Lnsurance  Agents. 

§  24.  It  shall  not  be  lawful  for  any  person  or  persons,  in  the  city  of 
Belleville,  to  exercise  the  business,  trade  or  avocation  of  an  agent  for  any 
insurance  company  or  companies,  in  any  way  or  manner  whatever,  either 
by  taking  or  negotiating  for  insurance  on  life  or  property,  or  by  aiding  in 


112 


ORDINANCES  OF  THE 


the  effecting  of  an  insurance  on  life  or  property,  or  to  follow  the  business 
of  an  insurance  broker,  without  first  having  obtained  a  license  for  that 
purpose;  and  no  license  shall  be  issued  for  a  shorter  time  than  one  year, 
and  for  a  sum  of  not  less  than  twenty  dollars  for  each  and  every  company 
for  which  the  applicant  may  act  as  agent. 

§  25.  Any  person  violating  any  of  the  provisions  contained  in  section 
twenty-four  shall,  on  conviction,  forfeit  and  pay  not  less  than  five  nor  more 
than  one  hundred  dollars  for  every  offense. 

Adopted. 

No.  XXIX. 

Marshal — Ordinance  relating  to  the  City  Marshal. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville,  as 
follows :  It  shall  be  the  duty  of  the  city  marshal  to  execute  all  writs,  or 
other  process  issued  by  the  mayor  or  police  magistrate ;  collect  all  fines, 
forfeitures  and  penalties,  which  may  accrue  to  said  city,  not  otherwise 
provided  for  by  ordinance,  and  in  performance  of  any  duty  not  enjoined 
on  him,  by  any  ordinance  or  resolution  of  the  city  council,  he  shall  be 
invested  with  such  powers  as  are  conferred  upon  constables  by  the  laws  of 
this  State ;  to  remove  all  nuisances  in  conformity  with  any  ordinance  or 
resolution  of  the  city  council;  give  to  the  mayor  information  of  the 
breach  of  the  ordinances  of  the  city  that  may  come  to  his  knowledge  ; 
and  generally  to  do  and  perform  all  duties  which  may  be  enjoined  on  him 
by  ordinance  or  resolution  of  the  city  council. 

§  2.  The  marshal  shall  be  the  acting  head  of  the  police;  he  shall 
cause  the  public  peace  and  quiet  to  be  preserved,  and  shall  see  that  all  the 
laws  and  ordinances  of  the  city  of  Belleville  are  enforced  and  complied 
with;  and  whenever  any  violation  of  said  ordinances  shall  come  to  his 
knowledge,  whether  by  personal  observation  or  by  information  of  others, 
he  shall  make  the  requisite  complaint,  or  cause  it  to  be  made,  before  the 
police  magistrate,  and  prosecute  the  offender  and  attend  to  the  procuring 
the  evidence  for  the  city :  Provided ,  That  if  the  marshal  shall  have  any 
doubts  as  to  there  being  sufficient  grounds  for  the  complaint,  he  may 
require  the  informant  to  make  the  necessary  statement  under  oath  to  the 
police  magistrate  before  instituting  suit;  and,  Provided ,  also ,  that  the 
marshal  in  performance  of  these  duties,  shall  be  considered  as  acting  imme¬ 
diately  under  the  mayor  of  the  city,  and  as  subject  to  his  directions. 

§  3.  The  marshal  shall  attend  all  suits  before  the  police  magistrate  in 
which  the  city  is  a  party  on  behalf  of  the  city,  and  if  necessary  call  in 
the  city  attorney,  to  direct  the  prosecution  of  the  offender. 


CITY  OF  BELLEVILLE. 


113 


§  4.  The  marshal  shall  also,  by  himself  or  deputy,  attend  all  meetings 
of  the  city  council,  shall  notify  each  alderman  of  any  special  meeting 
which  may  be  called,  keep  the  key  of  the  rooms  of  the  city  council,  and 
keep  them  in  proper  order  and  condition  for  the  meetings  and  other 
business  of  the  council  and  mayor. 

Approved. 

No.  XXX. 

Market — Ordinance  relating  to  Market  and  Market  Master. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  market  house,  or  public  square,  or  any  other  square  which  the 
city  council  may  buy  for  a  market  square,  and  the  necessary  space  around 
it,  shall  be  considered  the  market  place,  and  any  person  who  shall  sell  or 
offer  for  sale,  except  in  the  market  place  aforesaid,  any  fresh  beef  or  pork, 
veal,  lamb  or  mutton,  in  less  quantity  than  one  quarter,  or  that  shall  sell 
any  poultry  or  vegetables,  or  butter,  or  any  other  article,  between  daylight 
and  nine  o’clock  a.  m.  in  the  months  of  April,  May,  June,  July,  August, 
September,  October  and  November,  shall  forfeit  and  pay  to  the  city  not 
less  than  one  dollar,  nor  more  than  ten  dollars,  with  costs  of  suit :  Pro¬ 
vided,  that  nothing  in  the  preceding  section  shall  be  so  construed  as  to 
prevent  any  farmer  or  producer  from  selling  his  meat  by  the  quarter,  or 
any  person  who  follows  the  business  of  packing  beef  or  pork,  from  selling 
bacon  of  their  own  curing,  spare  ribs,  sausage  meat,  and  other  offal  in  the 
winter  months  at  any  time  out  of  market. 

§  2.  The  market  master  shall  have  the  direction  and  management  of 
the  market  house  and  market  place,  shall  direct  the  location  of  wagons 
and  vehicles  used  in  bringing  articles  to  market,  shall  preserve  order  and 
peace  therein,  suppress  quarreling  and  fighting,  enforce  the  regulations, 
give  to  persons  attending  the  necessary  information,  if  required,  and  keep 
the  market  clean  and  neat. 

§  3.  No  person  shall  tie  or  hitch  any  animal  to  any  part  of  the  market 
house,  at  any  time,  or  at  any  time  ride  or  drive,  or  lead  any  animal  into 
or  under  the  market  house,  or  the  pavement  connected  therewith,  or  injure, 
cut,  deface,  or  in  any  wise  befoul  the  market  house,  or  be  found  lying  in 
the  market  house  on  any  bench,  block  or  table,  or  remove  any  block,  bench 
or  table,  or  any  other  fixtures  in  said  market  house  from  its  place,  or 
intentionally  obstruct,  hinder,  abuse,  or  threaten  the  market  master,  when 
in  the  discharge  of  his  duty ;  or  suffer  or  permit  any  dog  to  follow  him  or 
her  to  market,  during  market  hours,  or  otherwise  obstruct  with  any  thing 

whatever,  a  free  passage  through  the  market  house  ;  or  throw  any  melon 
8 


114 


ORDINANCES  OF  THE 


rinds  or  other  garbage,  offal,  dirt,  filth,  or  animal  matter  in  the  same, 
under  a  penalty  of  from  one  to  twenty-five  dollars. 

§  4.  All  measures,  scales  and  weights  used  in  said  market,  shall  be 
scaled  and  tested  by  the  scale  of  weights  and  measures  of  this  city,  as 
soon  as  practicable,  and  meat  sold  in  market  shall  be  weighed  with  scales 
and  weights;  corn,  meal,  hominy,  oats,  potatoes,  turnips,  carrots,  apples, 
peaches  and  other  vegetables  of  the  same  class,  shall  be  sold  by  pint,  quart, 
gallon,  peck,  half  peck  or  half  bushel,  and  shall  be  heaped  ;  other  articles 
sold  by  measure,  may  be  sold  by  strike  measure  ;  butter  sold  or  offered 
for  sale  in  market,  shall  be  put  up  in  half  pound,  one  pound,  two  or  three 
pound  rolls,  and  butter  sold  or  offered  for  sale  in  market  not  of  full  weight, 
may  be  confiscated  by  the  market  master  and  sold  for  the  use  of  the  city. 

g  5.  If  any  person  selling  any  meat,  victuals  or  provisions  in  said 
market,  shall  sell  to  any  other  person  any  article  generally  sold  by  weight 
or  measure,  by  false  weight  or  false  measure,  or  shall  expose  to  sale,  as 
having  been  correctly  weighed  or  measured,  any  such  article,  and  as  being 
of  a  certain  weight  and  measure,  when  in  truth  and  in  fact  the  same  shall 
fall  short  thereof,  such  article  may  be  confiscated  by  the  market  master, 
and  sold  for  the  use  of  the  city ;  and  every  person  so  offending  shall  be 
liable  to  a  fine  of  not  more  than  ten  dollars  for  every  such  offense. 

§  6.  No  person  shall,  by  himself,  agent  or  servant,  sell  or  cut  in  pieces, 
for  the  purpose  of  selling,  any  fresh  meat,  excepting  fresh  venison,  poultry, 
fish  or  wild  game,  in  any  quantity  less  than  a  quarter,  in  the  city,  without 
first  having  obtained  a  license,  as  hereinafter  provided,  under  a  penalty  of 
not  exceeding  ten  dollars  for  each  offense  :  Provided,  that  persons  who 
follow  the  business  of  packing  beef  or  pork,  may  sell  spare  ribs,  sausage 
meat,  or  other  offal  at  any  time. 

§  1.  Any  person  wishing  to  become  a  butcher  or  vendor  of  fresh  meat 
in  the  city  shall  obtain  a  license  from  the  city  register,  by  paying  the  sum 
of  thirty  dollars ;  and  all  persons  having  obtained  a  license,  as  aforesaid, 
shall  be  entitled  to  occupy  a  stall  in  the  market  house,  which  shall  be 
selected  for  him  by  the  market  master,  if  said  license  shall  have  been 
granted  after  the  annual  sale  of  the  stalls  in  the  market  house  shall  have 
taken  place. 

g  8.  It  shall  be  the  duty  of  the  market  master  to  sell  on  the  first 
Monday  of  April  in  each  year,  between  the  hours  of  ten  o’clock  a.  m.  and 
four  o’clock  p.  m.,  the  choice  of  the  stalls  in  the  market  house,  having  first 
given  ten  days’  notice  in  the  newspapers  employed  by  the  city ;  and  the 
lowest  bid  to  be  received  by  the  market  master  from  any  licensed  butcher 
shall  be  thirty  dollars,  the  amount  of  his  license. 


CITY  OF  BELLEVILLE. 


115 


§  9.  The  market  master  shall  give  to  each  purchaser  of  a  stall  a 
certificate  of  purchase  for  one  year,  describing  said  stall  by  its  number  or 
name  ;  but  in  no  case  shall  a  certificate  be  given,  or  possession  of  a  stall 
be  delivered,  until  the  amount  bid  shall  have  been  paid  to  the  market 
master :  Provided,  however,  that  the  amount  paid  to  the  city  by  any 
butcher  for  his  license  shall  always  be  deducted  from  the  amount  bid  for 
his  stall. 

§  10.  All  the  stalls  or  stands,  in  or  about  the  market  house,  remaining 
unoccupied  after  the  annual  sale,  may  be  leased  at  any  time  by  the  market 
master,  to  any  person  wishing  to  attend  market,  tor  the  purpose  of  selling 
vegetables,  fish  or  other  marketing,  for  any  sum  not  under  three  dollars. 

§11.  The  register  shall  be  entitled  to  a  fee  of  one  dollar  for  each 
license  issued  to  a  butcher,  and  the  market  master  to  a  fee  of  fifty  cents 
for  each  stall  or  stand  sold  or  leased  by  him,  and  a  permit  issued  therefor, 
all  to  be  paid  by  the  applicant.  If  any  lessee  of  a  stall  or  stand  shall  fail 
to  pay  the  amount  of  his  rent,  his  lease  may  be  considered  as  forfeited,  and 
the  stall  or  stand  be  again  leased  to  any  other  person  by  the  market  master 
on  such  terms  and  in  such  manner  as  he  shall  judge  to  the  interest  of  the 
city. 

§  12.  It  is  further  the  duty  of  the  market  master  to  protect  the  blocks, 
tables,  benches  and  fixtures  of  those  owning  stalls  or  stands  from  being 
injured,  or  being  occupied  by  others  than  their  owners ;  to  pay  over  at 
least  once  every  week  to  the  treasurer  the  monies  received  for  stalls, 
stands  or  otherwise,  and  also  to  make  a  report  of  the  same  to  the  city 
council  at  each  regular  monthly  meeting. 

§  13.  The  market  master  shall,  ex  officio,  be  inspector  and  sealer  of 
weights  and  measures ;  shall,  before  entering  upon  the  duties  of  his  office, 
take  the  official  oath ;  shall  give  bond  in  the  penalty  of  five  hundred 
dollars,  conditioned  for  a  faithful  discharge  of  his  duties,  and  the  payment 
of  all  monies  due  the  city,  with  security,  to  be  approved  by  the  city 
council ;  and  for  any  violation  of  any  section  of  this  ordinance,  or  official 
misconduct,  shall  be  liable  to  a  fine  of  not  exceeding  fifty  dollars. 

§  14.  Whoever  shall  buy  at  market,  before  nine  o’clock  a.  m.,  meat, 
fish,  vegetables,  or  any  other  market  matters,  for  the  purpose  of  disposing 
of  them  again  at  market,  shall  be  guilty  of  a  misdemeanor,  and,  on  con¬ 
viction,  be  fined  in  a  sum  not  exceeding  five  dollars  for  each  offense. 


Approved. 


11G 


ORDINANCES  OF  THE 


No.  XXXI. 

Nuisances — Ordinance  relating  to  Nuisances. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Belleville, 
as  follows :  Each  and  every  tenement  in  this  city,  used  as  a  drinking 
house,  hotel,  tavern,  or  place  of  business,  shall  be  furnished  with  a  suita¬ 
ble  privy,  the  vault  of  which  shall  be  sunk  under  ground  at  least  five  feet 
deep,  and  walled  with  brick  or  stone,  and  shall  be  so  constructed,  that  the 
inside  of  the  same  shall  be  at  least  two  feet  distance  from  the  line  of  every 
adjoining  lot,  unless  the  owner  of  the  adjoining  lot  shall  agree  otherwise, 
and  also  the  same  distance  from  every  street,  lane  or  avenue. 

§  2.  The  marshal,  upon  being  notified  that  any  tenement  so  used,  is 
not  provided  with  a  suitable  privy,  shall  give  notice  in  writing  to  the 
owner  or  his  agent  to  provide  a  privy  as  above  required,  and  if  the  owner, 
or  agent  shall  not  comply  with  the  above  ordinance  within  twenty  days, 
the  marshal  shall  proceed  against  said  owner  or  agent,  as  directed  in 
other  cases  for  violations  of  city  ordinances. 

§  3.  If  the  owner  or  his  agent  of  any  tenement,  which  is  not  provided 
with  a  privy,  as  above  required,  cannot  be  found,  the  marshal  shall  give  notice 
in  some  newspaper  employed  by  the  city,  requiring  such  owner  or  agent, 
within  a  reasonable  time  to  be  designated  in  said  notice,  to  cause  a  proper 
and  sufficient  privy  to  be  constructed ;  and,  in  case  of  neglect  or  refusal  to 
obey  such  notice,  the  marshal  shall  cause  such  privy  to  be  made,  and 
charged  as  special  tax  upon  such  tenement,  to  be  levied  and  collected  as 
other  special  taxes. 

§  4.  Any  person  who  shall  throw  or  cause  to  flow,  any  water,  slop,  dirt, 
fluid  or  filth  of  any  kind,  on  any  sidewalk,  street,  alley,  or  any  premises 
whatever,  or  into  any  stream  of  water  within  the  city  limits,  by  which  a 
nuisance  is  created,  shall  be  fined  not  exceeding  twenty-five  dollars;  and 
for  every  day  after  being  notified  by  the  marshal,  or  other  city  officer,  to 
remove  the  nuisance  thereby  created,  an  additional  fine  of  not  exceeding 
five  dollars. 

§  5.  Any  person  who  shall  keep  or  allow  to  remain  upon  his  premises, 
within  the  city  limits,  any  nuisance,  such  as  carrion,  stagnated  water,  a 
hog-pen,  privy,  or  any  other  thing,  which  may  be  injurious  to  the  health 
of,  or  offensive  to  the  neighborhood,  or  by  which  an  offensive  smell  may 
be  created  ;  and  any  person  who  shall,  in  carrying  on  his  business,  en¬ 
danger  the  health  of  the  neighborhood,  or  create  an  offensive  smell,  shall 
be  fined  not  exceeding  twenty-five  dollars,  and  for  every  day  after  being 
notified  by  the  marshal,  or  other  city  officer,  to  remove  the  nuisance 
thereby  created,  an  additional  fine  of  not  exceeding  five  dollars. 


CITY  OF  BELLEVILLE. 


117 


§  6.  No  person  shall  throw  into  any  highway,  thoroughfare  or  other 
public  place,  any  animal  or  vegetable  substance  whatever,  or  any  straw, 
hay,  ashes,  soot,  or  any  article  or  substance  whatever. 

§  7.  No  person  shall  conduct  into  any  highway,  thoroughfare,  or  other 
public  place  or  premises  of  another,  any  filth  or  unclean  water  from  his 
house,  kitchen  or  other  tenement,  or  suffer  any  such  water  to  escape  from 
his  premises  upon  such  place. 

§  8.  The  owner  or  possessor  of  any  animal  which  may  die  within  the 
city,  shall  within  twenty-four  hours  thereafter,  cause  the  carcass  to  be  re¬ 
moved  at  least  half  a  mile  beyond  the  limits  of  the  city. 

§  9.  No  person  shall  deposit  any  dead  animal,  excrement  or  filth  from 
privies,  or  carrion,  within  one-half  mile  of  the  city  limits. 

§  10.  The  owner  or  occupant  of  any  livery  or  other  stable  within  this 
city,  shall  keep  his  stable  and  stable-yard  clean,  and  shall  not  permit  more 
than  five  cart  loads  of  manure  to  accumulate,  and  remain  in  or  near  the 
same,  at  any  time,  between  the  first  day  of  May  and  the  first  day  of  Octo¬ 
ber  ;  nor  shall  he  wash  or  clean  any  carriage  or  horse,  or  cause  it  to  be 
washed  or  cleansed,  on  any  street  or  sidewalk,  or  other  public  place,  nor 
suffer  any  water  used  in  washing  horses  or  carriages  to  flow  over  and 
spread  on  any  sidewalk. 

§  11.  No  butcher  or  other  person  shall  kill  or  slaughter  any  beeves, 
sheep  or  other  animals,  within  this  city,  unless  the  house,  yard,  pen  or 
place  where  such  killing  shall  take  place,  be  provided  with  a  tight  plank 
floor,  one  side  of  which  shall  descend  towards  a  gutter,  leading  to  a  tub  or 
reservoir,  which  shall  be  placed  to  receive  the  blood  and  offal  passing 
therein,  which  shall  be  emptied  and  conveyed  out  of  the  city  at  the  end  of 
each  day,  when  killing  has  been  done  on  the  premises. 

§  12.  Every  slaughter-house  shall  be  white-washed  at  least  twice  in 
each  year,  and  shall  always  be  kept  clean,  so  as  to  annoy  no  one  in  the 
vicinity. 

§  13.  No  distiller,  brewer,  soap-boiler,  tallow-chandler,  or  dyer,  in  this 
city,  shall  bimself,  or  by  another,  out  of,  or  from,  any  still-house,  brewery, 
or  work-shop,  pour  foul  or  nauseous  liquor  of  any  kind  whatever,  into  or 
upon  any  adjacent  ground,  or  into  any  street,  alley,  or  other  public  place. 

§  14.  No  soap-boiler  or  tallow-chandler  shall  keep,  collect  or  use,  or 
cause  to  be  kept,  collected  or  used,  in  the  city,  any  stale,  putrid  or  stink¬ 
ing  fat,  grease,  or  other  matter. 

§  15.  The  marshal,  or  such  other  officers  or  agents  as  may  be  desig¬ 
nated  or  employed  by  the  board  of  health  for  that  purpose,  are  authorized 
to  enter  and  examine  all  premises,  cellars  and  other  places  within  the  city. 


118 


ORDINANCES  OF  THE 


If  they  find  any  offensive  substance,  or  stagnant  or  filthy  water,  to  cause 
the  same  to  be  removed  at  the  expense  of  the  owner  or  occupiers  of  the 
premises,  unless  such  owner  or  occupier  upon  notice,  immediately  cause 
the  same  to  be  removed. 

§  16.  No  person  shall  bury  or  cause  to  be  buried,  the  body  of  any 
deceased  person  within  the  limits  of  the  city. 

§  17.  No  person  shall  collect  or  keep  any  hog  or  hogs  in  a  pen,  or 
otherwise  confine  any  hog  or  hogs  in  this  city,  so  as  to  be  offensive  or  an 
annoyance  to  any  person. 

§  18.  Whoever  shall  violate  any  of  the  provisions  of  this  ordinance,  in 
cases  where  no  specific  penalty  is  provided,  shall  be  subject  to  a  fine  of 
not  less  than  three  nor  more  than  one  hundred  dollars  for  each  and  every 
violation,  and  not  exceeding  twenty  dollars  in  addition  for  each  and  every 
day  that  such  violation  shall  be  suffered  or  continued. 

§  19.  The  mayor  and  one  alderman  from  each  ward  shall  be,  and  are 
hereby  constituted,  a  board  of  health,  and  it  shall  be  their  duty  diligently 
to  examine  into  the  condition  of  the  various  wards  of  the  city,  and  make 
thorough  inquiry  with  respect  to  all  cases  which  may  be  obnoxious  or 
prejudicial  to  the  health  of  the  inhabitants  of  said  city,  or  any  portion 
thereof ;  and  all  such  cases  are  hereby  declared  nuisances,  and  the  mayor 
shall  order  the  removal  of  the  same  by  giving  reasonable  notice ;  and  any 
person  or  persons  causing  such  nuisance,  or  upon  whose  premises,  whether 
as  owner  or  occupier,  such  nuisance  shall  exist,  shall,  in  obedience  to  the 
notification  of  the  mayor,  remove  the  same,  and  for  every  refusal  or  neglect 
so  to  do,  shall  pay  and  forfeit  to  the  city  a  sum  not  exceeding  twenty-five 
dollars. 

§  20.  If  the  owner  or  owners  of  any  building  or  lot  within  the  limits  of 
the  city  of  Belleville,  which  shall  need  any  cleaning,  altering  or  amending, 
so  as  to  remove  whatever  may  be  injurious  to  the  general  health  of  the 
city,  shall  not  reside  in  the  county  of  St.  Clair,  the  same  may  be  done  by 
the  said  city,  and  the  expenses  thereof  collected  from  said  owner  or  owners 
by  suit  or  otherwise,  by  proceeding  against  the  lot  as  in  case  of  special  tax. 

§  21.  If  any  person  shall  be  notified  by  the  proper  officer,  or  by  any 
member  of  the  board  of  health,  to  remove  any  nuisance  from  his  or  her 
lot,  or  the  lot  on  which  he  or  she  may  reside,  or  of  which  he  or  she  shall 
be  agent,  and  said  owner,  occupier  or  agent  shall  fail  forthwith  to  remove 
and  correct  the  same,  it  shall  be  the  duty  of  the  mayor  to  remove  or  correct 
the  same ;  and  the  sum  of  money  expended  by  the  city  as  aforesaid,  in 
removing  or  correcting  such  nuisance,  may  be  recovered  from  the  owner 
or  occupier  of  such  lot,  from  which  such  nuisance  is  removed,  as  a  fine  in 


CITY  OF  BELLEVILLE. 


119 


an  action  of  debt,  or  otherwise  by  proceeding  against  the  lot  as  in  case  of 
special  tax. 

§  22.  If  any  cellar  in  this  city  shall  at  any  time  contain  any  standing 
water,  the  same  shall  be,  and  is  hereby  declared  to  be,  a  nuisance,  and  the 
owner  or  occupier  thereof  shall  forthwith,  upon  notice  given  by  the  proper 
officer,  proceed  to  fill  up  or  drain  such  cellar  so  as  to  effectually  remove 
such  nuisance;  and  in  default  thereof,  it  shall  be  the  duty  of  the  mayor  to 
have  such  cellar  filled  without  delay ;  and  the  amount  so  expended  shall 
become  a  lien  upon  the  lot,  and  may  be  collected  as  in  case  of  grading  and 
filling  lots  under  the  ordinances  of  this  city,  or  may  be  recovered  of  the 
owner  or  occupier  of  the  lot  in  an  action  of  debt. 

§  23.  If  any  person  shall  place,  or  caused  to  be  placed,  or  erected,  any 
nuisance  or  obstruction  whatever,  on  any  public  ground,  or  in  any  public 
street,  road,  alley  or  sidewalk  in  the  city  of  Belleville,  he  shall  be  fined 
not  exceeding  ten  dollars,  and  for  every  day  such  obstruction  or  nuisance 
is  continued  after  notice  to  the  person  or  persons  making  the  same  by  the 
marshal  or  street  inspector  to  remove  the  same,  an  additional  fine  of  not 
exceeding  five  dollars;  Provided,  That  any  person  engaged  in  erecting  a 
building  or  fence,  or  improving  any  lot  on  any  such  street,  lane,  avenue 
or  alley,  or  public  ground,  may  deposit  materials  therein,  and  contiguous 
to  such  lot  for  such  length  of  time  as  may  be  necessary  for  such  erection 
and  improvement;  and  Provided,  further,  that  such  obstruction  shall  not 
extend  to  more  than  one-half  the  width  of  the  sidewalk  or  street,  or  alley 
adjacent  to  such  improvement,  the  gutter  always  being  left  free  and 
unobstructed. 

Approved. 

No.  XXXII. 

Nuisances  beyond  the  city  limits — Ordinance  relating  to  nuisances  within 

a  half  mile  of  the  city  limits. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville  : 
Any  person  who  shall  deposit,  or  cause  to  be  deposited  by  his  servant,  the 
carcase  of  any  dead  animal,  offal,  excrement  from  privies,  carrion,  decom¬ 
posed  vegetable  matter,  or  any  other  thing  on  any  premises  beyond  the 
city  limits,  and  within  half  a  mile  of  the  limits  of  the  city  of  Belleville, 
by  which  a  nuisance  is  created,  shall  be  fined  a  sum  not  exceeding  twenty- 
five  dollars. 

§  2.  Any  person  who  shall  throw  or  cause  to  flow,  any  water,  slops, 
dirt,  fluid  or  filth  of  any  kind  on  any  lot  or  premises  whatever,  or  into 
Richland  creek,  or  any  other  stream  or  water  course  beyond  the  city 


120 


ORDINANCES  OF  THE 


limits,  and  within  a  half  mile  from  the  same,  by  which  a  nuisance  is  cre¬ 
ated,  shall  be  fined  not  exceeding  twenty-five  dollars ;  and  for  every  day 
after  being  notified  by  the  city  marshal,  or  any  other  city  officer,  to  remove 
the  nuisance  thereby  created,  an  additional  fine  of  not  exceeding  five 
dollars. 

§  3.  Any  person  who  shall  keep,  or  allow  to  remain  upon  his  premises, 
beyond  the  limits  of  the  city  of  Belleville,  and  within  half  a  mile  of  the 
same,  any  nuisance,  such  as  carrion,  stagnated  water,  a  hog  pen,  privy,  or 
any  other  thing,  which  may  be  injurious  to  the  health  of,  or  offensive  to 
the  neighborhood,  or  by  which  an  offensive  smell  may  be  created ;  and 
any  person  who  shall  in  carrying  on  his  business  beyond  the  limits  of  the 
city  of  Belleville,  and  within  half  a  mile  of  the  same,  endanger  the  health 
of  the  neighborhood,  or  create  an  offensive  smell,  shall  be  fined  not 
exceeding  twenty-five  dollars,  and  for  every  day  after  being  notified  by  the 
marshal,  or  other  city  officer,  to  remove  the  nuisance  thereby  created,  an 
additional  fine  of  not  exceeding  five  dollars. 

Approved. 

No.  XXXIII. 

Officers — Ordinance  relating  to  city  officers. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville  : 
No  officer  of  the  city  of  Belleville  shall  be  allowed  to  keep  or  withhold 
any  money  collected  by  him,  or  that  may  come  into  his  hands  by  virtue 
of  his  office,  or  otherwise,  for  the  payment  of  any  salary,  claim  or  account 
which  may  be  due  and  owing  to  him  by  the  city  :  Provided ,  This  shall 
not  apply  to  the  costs  and  fees  in  the  courts,  commissions  on  collections  and 
fees  allowed  for  weighing.  Every  person  elected  or  appointed  to  an  office 
under  the  charter  or  the  ordinances  of  the  city  of  Belleville,  shall  be  a 
citizen  of  the  State  of  Illinois,  over  twenty-one  years  of  age,  and  shall 
have  resided  in  the  city  of  Belleville  at  least  one  year  next  preceding  his 
appointment  or  election ;  and  no  person  elected  or  appointed  to  an  office 
of  the  city  of  Belleville,  shall  enter  upon  the  duties  of  the  said  office  until 
duly  qualified  and  commissioned  as  hereinafter  provided. 

§  2.  Every  person  so  elected  or  appointed  shall,  before  being  com¬ 
missioned,  give  a  sufficient  bond  to  the  city,  and  take  and  subscribe  an 
oath  before  a  proper  officer,  that  he  will  support  the  constitution  of  the 
United  States  and  of  this  State,  and  the  charter  and  ordinances  of  this 
city,  and  faithfully  and  promptly  discharge  the  duties  of  the  office  to 
which  he  is  elected  or  appointed;  which  oath  shall  be  filed  with  the  city 
register. 


CITY  OF  BELLEVILLE. 


121 


§  3.  Official  bonds  shall  be  made  to  the  city  of  Belleville,  and  shall  be 
conditioned  for  the  payment  of  all  money  received  and  the  faithful  per¬ 
formance  by  the  officer  of  all  duties  required  of  him  by  law  or  ordinance ; 
and  all  officers  of  the  city,  except  the  mayor  and  aldermen,  shall  be 
required  to  execute  bonds  with  sufficient  security,  which  shall  be  approved 
by  the  city  council  and  filed  with  the  city  register. 

§  4.  Upon  said  oath  and  bond  being  filed  with  the  register  as  afore¬ 
said,  he  shall  deliver  to  the  person  elected  or  appointed,  a  commission  in 
the  name  of,  and  signed  by  the  mayor  and  countersigned  by  the  register, 
under  the  seal  of  the  city,  authorizing  and  empowering  such  person  to 
discharge  the  duties  of  the  office,  for  the  term  for  which  he  has  been 
elected  or  appointed,  and  until  his  successor  shall  have  been  duly  qualified. 

§  5.  On  the  first  Monday  in  May,  in  each  year,  or  as  soon  thereafter  as 
may  be,  the  city  council  shall  appoint  one  register  and  treasurer ;  one 
city  marshal  and  collector;  one  city  attorney;  one  city  assessor;  one  city 
surveyor  and  engineer;  one  city  weigher  and  market  master;  one  street 
inspector ;  one  sexton,  who  shall  hold  their  offices  for  one  year,  and  until 
their  successors  shall  be  duly  qualified. 

§  6.  The  city  marshal  and  collector,  weigher  and  market  master,  sexton, 
assessor,  surveyor,  engineer  and  street  inspector  may,  with  the  consent  of 
the  city  council,  appoint  one  or  more  deputies,  who  shall  possess  the 
qualifications  of  their  respective  principals ;  such  appointments  shall  be  in 
writing,  and  filed  with  the  register,  and  shall  be  revocable  at  the  pleasure 
of  the  principal;  and  the  principal  shall  be  liable  for  the  acts  of  his 
deputy  as  if  they  were  his  own. 

§  7.  If  a  vacancy  occur  in  any  office  filled  by  appointment  of  the  city 
council,  it  shall  be  the  duty  of  the  mayor  immediately  to  call  a  special 
meeting  of  the  city  council,  for  the  purpose  of  filling  said  vacancy  by 
appointing  a  successor,  who  shall  hold  the  office  for  the  unexpired  term  of 
his  predecessor. 

§  8.  Any  officer  of  this  city  who  shall  leave  the  same  with  the  intention 
of  residing  thereout,  or  to  be  absent  therefrom,  without  written  permission 
from  the  mayor,  shall  thereby  vacate  his  office. 

§  9.  Any  officer  desiring  to  be  temporarily  absent  from  the  city,  shall 
apply  to  the  mayor  for  leave  of  absence,  which  may,  in  the  discretion  of 
the  mayor,  be  granted  in  writing  for  any  time  not  exceeding  twenty  days ; 
and  when  granted,  shall  be  filed  with  the  register;  and  any  officer  who 
shall  be  absent  from  the  city  more  than  three  days  without  such  leave  shall 
forfeit  and  pay  not  less  than  one  nor  more  than  one  hundred  dollars. 

§  10.  Every  officer  shall,  upon  going  out  of  office,  deliver  to  his  sue- 


122 


ORDINANCES  OF  THE 


sessor  all  books,  papers,  furniture  and  other  things,  appertaining  to  his 
office. 

§  11.  Every  officer  shall  at  all  times  when  required,  submit  the  books 
and  papers  of  his  office  to  the  inspection  of  the  mayor  or  any  member  of 
the  city  council. 

§  12.  Any  officer  of  this  city  who  shall  refuse  or  willfully  fail  or  neglect 
to  perform  any  duty  enjoined  upon  him  by  law  or  ordinance,  or  shall  in 
the  discharge  of  his  official  duties,  be  guilty  of  any  fraud,  extortion,  oppress¬ 
ion,  favoritism,  partiality,  or  willful  wrong  or  injustice,  shall  forfeit  and 
pay  a  sum  not  exceeding  five  hundred  dollars,  and  may  be  removed  from 
office. 

§  13.  The  mayor  shall  have  power  to  suspend  from  office  any  officer 
who  shall  wilfully  violate  any  of  his  official  obligations. 

§  14.  Such  suspension  shall  be  effected  by  an  order  filed  by  the  mayor 
with  the  register,  accompanied  with  a  statement  of  the  charges  upon 
which  the  same  is  founded,  a  copy  of  which  order  and  charges  shall  be 
immediately  delivered  to  the  officer  suspended,  after  which  delivery  such 
officer  shall  not  exercise  any  of  the  duties  of  the  office  from  which  he 
shall  have  been  suspended,  under  a  penalty  of  not  exceeding  fifty  dollars. 

§  15.  Immediately  upon  the  suspension  of  an  officer,  the  mayor  may, 
if  necessary,  appoint  a  person  to  fill  the  office  for  the  time  being. 

§  16.  The  charges  preferred  as  aforesaid  the  mayor  shall  lay  before  the 
next  meeting  of  the  city  council,  and  the  city  council  shall  without  delay, 
proceed  to  investigate  such  charges  in  the  manner  hereinafter  provided. 
The  city  council  shall  set  a  day,  and  if  upon  hearing  the  evidence  against 
and  for  the  accused,  a  majority  shall  find  him  guilty  of  the  charges,  and 
shall  resolve  that  he  be  removed  from  office,  it  shall  be  so  entered  on 
record,  and  the  vacancy  shall  be  filled  as  directed  by  ordinance  in  other 
cases. 

§  17.  All  fines,  forfeitures  and  sums  of  money  collected  for  penalties 
incurred  within  the  incorporated  limits  of  the  city  of  Belleville,  shall  be 
paid  into  the  treasury  of  the  city ;  and  the  officers  of  the  city  or  of  the 
county  of  St.  Clair  collecting  such  fines,  shall  make  a  true  and  correct 
report  of  all  such  fines  collected  by  them  to  the  city  council  at  the  end  of 
every  quarter  in  the  year.  Any  officer  or  person  who  shall  fail  to  comply 
with  the  requisitions  of  this  section  shall  be  subject  to  a  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

§  18.  No  city  officer  shall  be  a  party  in,  or  be  interested  in,  or  have  any 
part,  either  directly  or  indirectly,  in  any  contract  with  the  city,  or  with  any 
person  or  persons  for  excavating,  repairing,  grading,  macadamizing,  gutter- 


CITY  OF  BELLEVILLE. 


123 


ing,  paving  or  other  work,  wherein  the  city  is  or  may  be  interested  or 
liable  to  become  a  party  to  or  with  the  person  or  persons,  or  different  kinds 
of  work  above  mentioned.  Any  city  officer  who  shall  violate  the  provis¬ 
ions  of  this  section,  shall  be  liable  to  a  fine  of  not  less  than  twenty-five,  nor 
more  than  one  hundred  dollars  for  each  offense,  and  may  also  be  removed 
from  office  at  the  discretion  of  a  majority  of  the  city  council. 

Approved. 

No.  XXNIV. 

Penal  offenses  and  misdemeanors — Ordinance  relating  to  penal  offenses 

and  misdemeanors . 

ARTICLE  i. 

Offenses  affecting  public  order,  peace  and  quiet. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville,  as 
follows:  Any  two  or  more  persons  who  shall  in  this  city  assemble  together 
with  an  intent,  or  being  assembled,  shall  mutually  agree  to  do  any  unlawful 
act,  with  force  or  violence,  against  the  property  of  this  city,  or  the  person 
or  the  property  of  another,  or  against  the  peace,  or  to  the  terror  of  others, 
and  shall  make  any  movement  or  preparation  therefor ;  and  every  person 
present  at  such  meeting  or  assembly,  who  shall  not  endeavor  to  prevent 
the  commission  or  perpetration  of  such  unlawful  act,  shall  be  deemed 
guilty  of  a  misdemeanor. 

§  2.  Whoever  shall  in  this  city  disturb  the  peace  of  said  city  by  violent, 
tumultuous,  offensive  or  obstreperous  conduct  or  carriage,  or  by  loud  and 
unusual  noises,  or  by  unseemly,  profane,  obscene  or  offensive  language, 
calculated  to  provoke  a  breach  of  the  peace,  or  by  assaulting,  striking  or 
fighting  another,  with  or  without  his  consent,  and  whoever  shall  in  this 
city  permit  any  such  conduct,  in  or  upon  any  houses  or  premises,  owned 
or  possessed  by  him,  or  under  his  management  or  control,  so  that  others 
in  the  vicinity  are  disturbed  thereby,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

§  3.  Whoever  shall  in  this  city  disturb  or  disquiet  any  congregation  or 
assembly,  met  for  religious  worship,  by  making  a  noise,  or  by  rude  and 
indecent  behavior,  or  profane  discourse,  or  in  any  other  manner,  within  or 
near  their  place  of  worship,  shall  be  guilty  of  a  misdemeanor. 

§  4.  Whoever  shall  in  this  city  disturb  any  lawful  assemblage  of  people, 
by  rude  and  indecent  behavior,  or  otherwise,  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  5.  Whoever  shall  in  this  city  give  or  make  a  false  alarm  of  fire,  shall 
be  deemed  guilty  of  a  misdemeanor. 


124 


ORDINANCES  OF  THE 


§  6.  Whoever  shall  in  this  city  employ  any  bellman,  or  use  himself,  or 
cause  to  be  used,  any  bell  or  sounding  instrument,  as  a  means  of  attracting 
people  to  an  auction  or  other  place,  or  shall  permit  any  such  to  be  used 
for  or  on  his  account,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  1.  Any  person  who  shall  be  found  drunk,  lying  or  roving  about  the 
streets,  alleys  or  sidewalks  of  the  city  of  Belleville,  or  the  private  grounds 
of  the  inhabitants,  or  disturbing  the  peace,  order  and  quiet  of  the  citizens, 
by  loud  and  unusual  noises,  disorderly  conduct,  indecent  language,  beha¬ 
vior,  or  in  any  manner  whatever,  shall  be  arrested  on  complaint  being 
made,  or  on  view  by  any  peace  officer ;  and  on  conviction  shall  be  fined  in 
any  sum  not  exceeding  twenty -five  dollars.  If  any  such  person  arrested 
should  not  be  in  a  fit  state  to  be  immediately  tried,  or  from  some  other 
cause  cannot  have  an  immediate  trial,  and  fails  to  give  security  for  his  appear¬ 
ance  and  good  behavior  in  the  mean  time,  he  or  she  shall  be  committed 
to  jail  for  trial  in  due  time. 

§  8.  Whoever  shall  be  guilty  of  any  noise,  rout  or  amusement,  vulgar 
or  profane  language,  or  any  disorderly  or  immoral  conduct  whatever,  on 
the  first  day  of  the  week,  called  Sunday,  whereby  the  good  order  of  society 
or  the  peace  of  any  private  family  or  congregation  within  the  city  of  Belle¬ 
ville  is  disturbed,  shall,  on  conviction,  be  fined  in  a  sum  not  exceeding 
twenty-five  dollars. 

§  9.  Any  person  licensed  to  keep  a  grocery  or  beer  house,  tavern,  or 
house  of  entertainment,  who  shall  suffer  any  disorder,  drunkenness,  quar¬ 
reling,  fighting,  unlawful  games,  or  riotous  and  disorderly  conduct  whatever, 
in  such  his  house  or  premises,  shall  be  fined  in  any  sum  not  exceeding  fifty 
dollars ;  and  for  repeated  offenses  shall  have  his  license  suppressed. 

§  10.  The  mayor  and  city  council  shall  have  power,  upon  complaint 
being  made,  to  revoke  any  license  granted  to  keep  a  grocery,  beer  house, 
tavern,  or  house  of  entertainment,  whenever  they  may  be  satisfied  that 
the  privileges  granted  have  been  abused,  or  that  the  person  to  whom  the 
license  was  granted  has  violated  the  law. 

§  11.  Every  male  person  above  eighteen  years  of  age  who  shall  neglect 
or  refuse  to  join  the  posse  of  the  marshal  or  any  peace  officer  of  the  city 
of  Belleville,  by  neglecting  or  refusing  to  aid  and  assist  in  arresting  any 
person  against  whom  there  may  have  issued  any  civil  or  criminal  process, 
or  who  may  have  escaped  after  having  been  arrested,  or  by  neglecting  or 
refusing  to  aid  and  assist  in  preventing  any  breach  of  the  peace  ;  any  riot, 
affray,  or  disturbance  of  the  peace,  or  the  commission  of  any  criminal 
offenses,  being  thereto  lawfully  required  by  any  peace  officer  of  the  city, 
shall  upon  conviction  be  fined  in  a  sum  not  exceeding  twenty-five  dollars. 


CITY  OF  BELLEVILLE. 


125 


§  12.  Any  person  able  to  work  and  maintain  himself  in  some  honest 
and  respectable  calling,  not  having  visible  means  of  support,  who  shall  live 
idly  without  employment,  or  loiter  or  stroll  about  begging,  or  frequenting 
gaming  houses,  disorderly  or  bawdy  houses,  groceries,  tippling  houses,  or 
other  places  where  intoxicating  liquors  are  sold,  or  who  shall  otherwise 
lead  an  idle  or  profligate  course  of  life;  or  any  person  who  shall  keep 
any  gaming  house,  or  keep  or  exhibit  any  gaming  implements  for  the  pur¬ 
pose  of  gaming  therewith,  or  shall  pursue  gaming,  or  who  shall  keep, 
maintain,  or  be  an  inmate  of  any  house  of  prostitution ;  or  who  shall  have 
in  his  possession  any  implement  used  for  counterfeiting,  or  for  the  commis¬ 
sion  of  burglary,  or  for  picking  locks  or  pockets,  or  any  Mexican  puzzle,  or 
other  implement  or  device  used  by  cheats  and  swindlers,  without  being 
able  to  give  a  good  account  of  his  possession  of  the  same ;  or  who  shall 
trespass  upon  private  property  in  the  night  time,  or  habitually  sleep  in 
sheds,  stables,  outhouses,  or  in  the  open  air,  without  being  able  to  give  a 
good  account  of  himself  or  herself,  shall  be  deemed  a  vagrant,  and  shall 
be  subject  to  a  penalty  of  not  exceeding  fifty  dollars. 

Approved. 

article  II. 

Offenses  against  public  morals  and  decency. 

> 

Section  1.  Whoever  shall  in  this  city  be  found  in  a  state  of  intoxication  in 
any  highway,  thoroughfare  or  other  public  place,  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  2.  Whoever  shall  in  this  city  appear  in  any  public  place  in  a  state  of 
nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent  or 
lewd  dress,  or  shall  make  any  indecent  exposure  of  his  or  her  person,  or 
be  guilty  of  any  indecent  or  lewd  act  or  behavior,  or  shall  exhibit,  sell,  or 
offer  to  sell,  any  indecent  or  lewd  book,  picture,  or  other  thing,  or  shall 
exhibit  or  perform  any  indecent,  immoral  or  lewd  play  or  other  represen¬ 
tation,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  3.  Whoever  shall  in  this  city  set  up  or  keep  any  gaming  table  or 
gambling  device,  at  which  any  game  of  chance  shall  be  played  for  money 
or  property,  or  anything  representing  money  or  property,  or  shall,  at  any 
such  table  or  device,  or  at  any  game  of  chance  bet,  win,  or  lose  any  money 
or  property,  either  in  specie  or  in  anything  representing  the  same,  or  shall 
suffer  any  such  table  or  device,  at  which  any  game  of  chance  is  played,  to 
be  set  up  or  used  in  any  tenement  in  his  possession,  or  under  his  control, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  a  sum 
of  not  less  than  twenty-five  dollars  for  every  offense ;  and  it  shall  be  the 


126 


ORDINANCES  OF  THE 


duty  of  the  mayor,  on  receiving  satisfactory  information  of  any  such  table 
or  device  being  set  up  and  used,  to  issue  his  warrant  to  the  city  marshal, 
commanding  him  to  destroy  the  same,  which  warrant  shall  be  immediately 
executed. 

§  4.  Whoever  shall  in  this  city  keep  a  bawdy  house,  house  of  ill-fame 
or  of  assignation,  or  be  an  inmate  of,  or  be  in  any  way  connected  with,  or 
contribute  to  the  support  of  any  disorderly  house  or  place  for  the  practice 
of  fornication  or  adultery,  or  shall  permit  any  tenement  in  his  possession 
or  under  his  control  to  be  used  for  any  such  purpose,  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  5.  Whoever  shall  in  this  city  make  any  indecent  exhibition  publicly 
of  any  stud  horse,  or  jackass,  or  let  any  such  horse  or  jackass  to  mares  or 
jennies,  or  any  bull  to  cows,  within  the  limits  of  this  city,  unless  in  some 
enclosed  place  out  of  public  view,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

§  6.  If  any  bitch  shall  be  found  running  at  large  while  in  heat,  the 
owner,  possessor  or  keeper  thereof  shall  be  subject  to  a  fine  of  not  less 
than  one  nor  more  than  ten  dollars. 

ARTICLE  III. 

Offenses  affecting  public  safety  and  policy. 

Section  1.  Whoever  shall,  in  this  city  ride  or  drive  any  beast  of  burden 
or  draft,  in  any  highway,  thoroughfare  or  other  public  place,  quicker  than, 
or  beyond  a  moderate  gait,  unless  in  a  case  of  urgent  necessity,  or  shall 
ride  or  drive  any  such  animal  so  as  to  cause  such  animal  or  any  vehicle 
thereto  attached,  to  come  in  collision  with,  or  strike  any  other  object  or  any 
person ;  or  shall  by  negligence  or  improper  treatment  suffer,  or  cause  any 
such  animal  or  team  to  run  away,  or  shall  leave  any  such  animal  standing 
in  any  public  place,  without  being  fastened,  or  so  guarded,  as  to  prevent 
its  running  away,  or  shall  turn  such  animal  loose  in  any  thoroughfare,  or 
shall  inhumanly,  unnecessarily,  or  cruelly  beat,  injure  or  otherwise  abuse 
any  dumb  animal,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  2.  Whoever  in  this  city,  being  the  owner  or  keeper  of  any  mischievous 
animal,  and  shall  suffer  the  same  to  run  at  large,  knowing  the  said  animal 
to  be  mischievous,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  3.  Whoever  shall,  in  any  highway  or  thoroughfare  of  this  city,  fly  a 
kite,  or  use  any  sport  or  exercise,  likely  to  scare  horses,  injure  passengers, 
or  embarrass  the  passage  of  vehicles,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

§  4.  In  all  cases  of  persons  meeting  each  other  riding  or  driving  vehicles, 


CITY  OF  BELLEVILLE. 


127 


in  any  highway  or  thoroughfare  in  this  city,  each  person  so  meeting,  shall 
turn  off  and  go  to  the  right  side  of  the  street,  so  as  to  enable  such  persons 
or  vehicles  to  pass  each  other  without  accident;  whoever  shall  violate  this 
section  shall  be  deemed  guilty  of  a  misdemeanor. 

§  5.  Whoever  shall,  in  this  city,  burn  any  shavings,  straw,  hay,  brush, 
wood,  or  any  other  materials,  in  any  street,  or  alley,  or  lot,  so  as  to 
endanger  his  or  any  other  person’s  property,  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  6.  No  person  shall,  within  the  limits  of  the  city  of  Belleville,  fire  or 
discharge  any  cannon,  musket,  rifle,  fowling-piece,  or  other  fire  arms,  or 
air  gun,  except  in  cases  of  necessity,  or  in  the  performance  of  a  public  or 
lawful  act  of  duty,  or  discharge  or  set  off  any  cracker,  rocket,  torpedo, 
squib,  or  other  fire-works,  within  the  limits  of  said  city,  without  written 
permission  from  the  mayor  first  obtained,  which  permission  shall  limit  the 
time  of  such  firing,  and  may  be  revoked  any  time  after  it  has  been  granted  ; 
whoever  shall  act  contrary  to  the  provisions  contained  in  this  section  shall 
be  deemed  guilty  of  a  misdemeanor. 

§  7.  No  person  within  the  city  of  Belleville  shall  vend,  give  or  sell  any 
deadly  poison,  knowing  the  same  to  be  such,  without  marking  the  same 
in  legible  characters,  “  poison,”  nor  to  any  person  to  him  or  her  unknown, 
under  a  penalty  of  five  dollars  for  each  offense. 

§  8.  Any  person  or  persons  driving  any  loose  head  of  cattle,  horses,  or 
any  other  animals,  or  any  vicious  or  unruly  animals  through  the  streets  of 
the  city,  who  shall  drive  or  run  the  same  at  a  rate  of  more  than  four  miles 
per  hour,  or  shall  drive  or  run  the  same  with  any  dog  or  dogs,  through  the 
streets  of  said  city,  shall  be  fined  a  sum  not  less  than  three  nor  more  than 
twenty-five  dollars ;  this  ordinance  to  apply  to  butchers  as  well  as  other 
persons. 

§  9.  Any  person  or  persons  who  shall,  by  themselves  or  their  agents  or 
servants  fire  off  any  blast,  or  dig,  or  open  any  stone  quarry  within  the  city 
limits  of  Belleville,  shall  be  deemed  guilty  of  a  misdemeanor,  and  fined  not 
less  than  five,  nor  more  than  one  hundred,  dollars  for  each  offense. 

Approved. 

article  IV. 

Offenses  concerning  the  streets ,  squares  and  private  property. 

§  1.  Whoever  shall,  in  this  city  lead,  ride,  drive,  or  place  any  beast  of 
burden  or  vehicle  on  any  paved  or  planked  sidewalk  or  footway,  otherwise 
than  going  into  or  out  of  premises,  owned  or  occupied  by  him  or  his 
employer,  or  shall  hitch  or  fasten  any  animal  to  any  railing,  fence,  or 


128 


ORDINANCES  OF  THE 


ornamental  or  shade  tree,  lamp  post  or  awning  post,  not  belonging  to  him 
or  his  employer,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  2.  Whoever  shall,  in  this  city,  dig  or  cause  to  be  dug  any  excavation 
in  or  adjoining  any  highway,  thoroughfare  or  other  public  place,  and  shall 
not,  during  the  night,  cause  the  same  to  be  fenced  in  with  a  sufficient 
fence,  to  prevent  persons  from  falling  iuto  such  excavation,  shall  be  deemed 
guilty  of  a  misdemeanor. 

§  3.  Whoever  shall,  in  this  city,  dig  or  cause  to  be  dug  in  any  highway, 
thoroughfare,  or  sidewalk,  or  vault,  and  shall  not  arch  or  cover  the  same 
over,  and  secure  the  grating  or  covering  of  the  opening  thereof,  in  such 
manner  as  to  prevent  persons,  animals  and  vehicles  from  falling  in  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  4.  Whoever  owning  or  occupying  any  building  in  this  city,  shall  not 
cause  the  pipes  conducting  the  water  from  the  eaves  of  the  building  to  be 
so  constructed  as  not  to  spread  the  water  over  the  sidewalk,  shall  be 
deemed  guilty  of  a  misdemeanor. 

§  5.  Whoever  in  this  city  shall  keep  or  leave  open  any  cellar  door,  or 
grating  of  any  vault,  on  any  highway,  alley  or  sidewalk,  or  shall  suffer  any 
such  door  or  grating,  belonging  to  premises  occupied  by  him,  or  any  such 
place,  to  be  in  an  insecure  condition,  whereby  passers  by  may  be  in  danger 
of  falling  into  a  cellar  or  vault,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  6.  Whoever  shall  in  this  city,  without  permission  from  the  mayor,  dig 
up,  or  haul  away  any  ground,  or  quarry  stone,  or  cut  down  any  tree  or 
trees,  or  make  any  alteration  whatever,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

§  V.  Any  person  who  shall  undermine  in  any  manner  whatever  any 
street,  alley,  or  any  other  ground  or  real  estate  belonging  to  the  city  or 
any  private  person,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  8.  Whoever  in  this  city  shall,  without  written  permission  from  the 
mayor,  set  up  or  cause  to  be  set  up  any  awning  post,  or  other  posts,  on 
any  street,  alley,  or  sidewalk,  less  than  ten  feet  wide,  and  whoever  shall 
suspend  or  put  up  any  awning  less  than  eight  feet  in  height  above  the 
sidewalk,  or  any  sign,  sign  box  or  fixture,  which  shall  extend  over  or  upon 
any  sidewalk  more  than  two  feet  from  the  inside  line  of  such  sidewalk,  or 
shall  suspend  any  merchandise,  or  other  articles  in  front  of  any  house, 
more  than  two  feet  from  the  wall  thereof,  and  less  than  eight  feet  above 
the  ground,  and  whoever  shall,  without  necessity,  place  or  throw,  or  cause 
to  be  placed  or  thrown  upon  any  street,  alley  or  sidewalk,  or  public  place, 
any  article  whatever,  so  as  to  obstruct  the  same,  shall  be  deemed  guilty  of 
a  misdemeanor. 


CITY  OP  BELLEVILLE. 


129 


§  9.  Whoever  shall  in  this  city  willfully  break  any  window  glass  in  any 
house  of  another,  or  cut,  break  or  otherwise  injury  any  lamp  post,  awning 
post,  sign,  ornamental  or  shade  trees,  railing,  fence  or  other  enclosure,  or 
any  property  belonging  to  the  city,  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

§  10.  Whoever  in  this  city  shall  throw  or  cast  any  stone,  or  any  other 
missile  upon  or  at  any  building,  tree  or  other  public  or  private  property, 
or  at  any  person  in  any  street,  avenue,  alley,  lane,  public  place  or  grounds 
in  this  city,  and  whoever  in  this  city  shall  throw  or  cast  any  stone  or 
missile  in,  from,  or  into  any  street,  avenue,  alley,  or  lane  or  public  place 
in  this  city,  shall  be  subject  to  a  fine  not  exceeding  five  dollars. 

§  11.  Any  person  occupying  or  obstructing  the  public  square  of 
Belleville  in  any  way  with  any  house,  tenement,  moveable  house,  or  house 
on  wheels,  or  any  unusual  wagon  or  obstruction  to  said  square,  after  having 
first  received  three  days’  notice  from  the  proper  officer  to  remove  the 
same,  shall  be  fined  not  exceeding  five  dollars  for  every  day’s  obstruction 
after  such  notice  shall  have  been  given. 

§  12.  Any  person  or  persons  who  shall  willfully,  maliciously  or  for 
their  own  benefit,  dig  or  cause  to  be  dug,  or  injure  in  any  way,  by  digging 
any  street,  lane,  square  or  alley  of  this  city  for  the  purpose  of  letting  off 
water,  or  for  any  other  purpose,  without  the  consent  of  the  mayor  so  to 
do,  shall  be  guilty  of  a  misdemeanor,  and  fined  not  less  than  five  nor  more 
than  fifty  dollars  for  every  such  offense,  and  be  liable  for  damages  that 
may  accrue  to  the  city  or  individuals  by  said  misdemeanor. 

§  13.  Any  person  or  persons  hereafter  injuring  or  abusing  the  fence  of 
the  old  graveyard,  or  tying  horses  or  other  animals,  or  otherwise  damaging 
said  fence,  graveyard,  or  tombs  within  said  fence,  shall  forfeit  and  pay  to 
the  city  not  less  than  one  nor  more  than  five  dollars  for  each  and  every 
breach  of  this  ordinance. 

article  v. 

Offenses  against  official  authority. 

§  1.  Whoever  shall  in  this  city  falsely  represent  himself  to  be  an  officer 
of  this  city,  or  shall  without  being  duly  authorized  by  the  city  exercise  or 
attempt  to  exercise  any  of  the  duties,  functions  or  powers  of  a  city  officer, 
or  shall  hinder,  obstruct,  resist,  or  otherwise  interfere  with  any  city  officer 
in  the  discharge  of  his  office  duties,  or  attempt  to  prevent  any  such  officer 
from  arresting  any  person,  either  by  force  or  by  carrying  information  to 
such  person,  or  attempt  to  rescue  from  such  officer  any  person  in  his 

custody,  shall  be  deemed  guilty  of  a  misdemeanor. 

9 


130 


ORDINANCES  OF  TIIE 


§  2.  Every  male  person  above  eighteen  years  of  age  who  shall  neglect 
or  refuse  to  join  the  posse  of  the  marshal,  or  any  other  peace  officer  of  the 
city  of  Belleville,  by  neglecting  or  refusing  to  aid  and  assist  in  arresting 
any  person  against  whom  there  may  have  issued  any  civil  or  criminal 
process,  or  who  may  have  escaped  after  having  been  arrested,  or  by 
neglecting  or  refusing  to  aid  and  assist  in  preventing  any  breach  of  the 
peace,  any  riot,  affray  or  disturbance  of  the  peace,  or  the  commission  of 
any  criminal  offense;  being  thereto  lawfully  required  by  the  mayor, 
marshal,  or  any  other  peace  officer  of  this  city,  shall  upon  conviction  be 
fined  in  a  sum  not  exceeding  twenty-five  dollars. 

ARTICLE  VI. 

Penalties . 

§  1.  Whoever  shall  be  convicted  of  a  misdemeanor  under  any  provision 
of  this  or  any  other  ordinance,  in  a  case  where  no  specific  penalty  is 

prescribed,  shall  forfeit  and  pay  to  this  city  a  sum  not  less  than  two  nor 
more  than  one  hundred  dollars. 

ARTICLE  VII. 

Miscellaneous  Provisions. 

§  1.  No  person  or  persons  who  has  or  have  not  received  a  license  for  a 
stall  in  the  market  house  shall  sell  within  the  city  of  Belleville  fresh  meat 
of  any  sort  by  a  less  quantity  than  the  quarter,  under  a  penalty  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  every  offense. 

§  2.  Any  person  who  shall  knowingly  sell  or  offer  for  sale  by  himself  or 
agent,  anv  blown  veal,  mutton  or  meat  of  anv  kind,  shall  be  fined  in  a  sum 
not  exceeding  five  dollars. 

§  3.  Any  person  who  shall  sell  or  offer  for  sale  himself,  or  by  his  agent, 
any  flesh  of  any  diseased  animal,  or  tainted,  spoilt  or  unwholesome  meat 
or  provisions,  or  any  pernicious  or  adulterated  drink  or  liquors,  shall  be 
fined  not  exceeding  twenty-five  dollars. 

§  4.  Any  person  who  shall  willfully  injure  or  mutilate  the  market  house 
or  any  other  property  of  the  city  of  Belleville,  or  shall  run  any  wagon  or 
vehicle  under  said  market  house,  or  upon  any  plank  or  brick  pavement  of 
said  city,  or  ride  or  drive  any  horse,  mule  or  oxen  on  said  pavement,  or 
attach  any  horse,  mule  or  ox  to  said  market  house,  shall  be  fined  not 
exceeding  five  dollars. 

§  5.  Whoever  in  this  city  shall  bury  the  body  of  any  deceased  person 
within  the  limits  of  the  city  of  Belleville,  or  shall  take  up  and  remove  any 
body  now  buried  within  said  city  limits,  after  the  first  day  of  April  and 


CITY  OF  BELLEVILLE. 


131 


before  the  first  day  of  December,  shall  be  fined  not  less  than  one  nor  more 
than  twenty-five  dollars. 

§  6.  Any  person  who  shall  in  any  manner  desecrate  the  old  grave  yard 
within  the  city  limits,  by  turning  into  it  any  stock,  horses,  mules,  cows, 
hogs,  or  any  thing  that  will  endanger  any  enclosure  or  tombstone  ;  or  who 
shall  run  over  or  deface  the  rising  ground  over  any  grave,  or  molest,  cut  or 
carry  away  any  plank  or  any  thing  belonging  to  said  grave  yard,  or  who 
shall  after  disinterring  any  body  in  said  grave  yard  not  properly  fill  up  and 
level  the  hole  or  cavity  made  by  him,  shall  be  fined  not  exceeding  twenty- 
five  dollars. 

§  7.  Any  person  who  shall  willfully  or  negligently  break  or  abuse  the 
pumps  in  the  public  well  and  cistern  on  the  public  square,  or  shall  pump 
out  of  said  well  or  cistern  any  water  without  needing  the  same  for  himself 
or  family,  or  for  watering  horses  or  cattle,  or  some  other  purpose,  shall  be 
subject  to  a  fine  of  not  exceeding  ten  dollars. 

§  8.  Any  person  who  shall  rob  any  orchard,  garden  yard,  or  other 
premises  of  any  fruit,  flowers,  shrubbery  or  any  other  thing,  or  wilfully 
destroy  any  such  fruit,  flowers,  shrubbery  or  other  thing,  shall  be  subject 
to  a  fine  of  not  exceeding  ten  dollars. 

No.  XXXV. 

Private  Property— An  Ordinance  regulating  the  proceedings  when  Private 

Property  is  taken  for  Public  Uses. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
as  follows :  When  it  is  necessary  to  take  private  property  for  establishing, 
opening,  widening  or  altering  any  public  street,  avenue,  lane,  alley,  square, 
or  other  public  place,  the  city  council,  if  propositions  which  are  satisfac¬ 
tory  shall  be  submitted  by  the  owners  of  the  property,  may  approve  the 
same,  and  at  once  make  the  necessary  appropriations,  and  order  the  street 
inspector  to  open  the  same  without  delay,  according  to  the  plan  proposed, 
and  take  possession  of  the  property  for  public  use. 

§  2.  Whenever  the  city  council  shall  order  by  resolution  to  open,  alter 
or  widen  any  street,  alley  or  other  public  place,  it  shall  be  the  duty  of  the 
mayor  to  have  the  same  surveyed  in  conformity  to  the  plans  indicated  by 
resolution,  and  to  make  a  proper  plat  of  such  survey,  showing  the  names 
of  the  parties  owning  the  land  proposed  to  be  taken,  which  survey  and 
plat  shall  be  certified  to  by  the  city  surveyor. 

§  3.  If  the  amount  of  compensation  for  private  property  to  be  taken  for 
the  purpose  of  laying  out,  opening,  altering,  widening  or  straightening  any 
street,  alley,  highway,  or  public  ground  or  square,  can  not  be  agreed  upon 


132 


ORDINANCES  OF  THE 


with  the  owner?,  the  city  council  shall  give  notice  of  their  intention  to 
appropriate  and  take  the  land  necessary  for  the  same,  to  the  owner  thereof, 
by  publishing  said  notice  for  ten  days  in  the  newspaper  publishing  the  city 
ordinances,  at  the  expiration  of  which  time  they  shall  choose,  by  ballot, 
three  disinterested  freeholders,  residing  in  the  city,  as  commissioners  to 
make  the  necessary  assessments,  and  take  such  proceedings  as  are  prescribed 
in  article  seventh,  sections  one  to  nineteen,  of  the  charter  of  the  city  of 
Belleville,  granted  February  18th,  1859. 

Approved. 

No.  XXXVI. 

Process — Ordinance  concerning  Proceedings  before  the  Police  Magistrate 

for  Fines  and  Penalties. 

Section  I.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
as  follows  :  Whenever  any  fine,  forfeiture  or  penalty  shall  be  imposed  for 
the  breach  of  any  of  the  ordinances  of  this  city,  the  same  may  be  sued  for 
before  the  police  magistrate  in  the  form  of  actions  of  debt  or  trespass  by 
common  summons,  or  by  warrant,  as  the  case  may  be,  according  to  the 
practice  of  justices  of  the  peace. 

§  2.  Actions  for  violations  of  ordinances  may  be  commenced  by  any 
person  filing  with  the  police  magistrate  an  affidavit,  stating  the  nature  of 
the  offense,  or  by  the  marshal  or  any  officer  of  the  city,  by  filing  a  state¬ 
ment  in  writing  as  near  as  may  be  in  the  following  form,  to-wit: 

A.  B.  to  the  city  of  Belleville,  Dr.  dollars  for  violating  an 

ordinance  No.  ,  by  (here  insert  the  nature  of  the  act  and  offense.) 

City  of  Belleville,  188 

C.  D.,  Marshal. 

Provided,  That  in  all  cases  where  a  warrant  for  the  arrest  of  any  de¬ 
fendant  is  to  be  issued,  the  complaint  or  statement  shall  be  made  under 
oath. 

§  3.  No  action  shall  be  dismissed  before  the  police  magistrate  for  any 
defect  of  form  in  said  statement,  affidavit,  summons  or  warrant,  if  the 
offense  be  substantially  set  forth  in  the  statement  or  affidavit  filed,  so  as 
to  give  the  defendant  notice  of  the  charge  which  he  is  required  to  answer, 
and  such  statement  or  affidavit  may  include  several  persons  charged  with 
the  same  offense. 

§  4.  Upon  such  affidavit  or  statement  being  filed,  the  police  magistrate 
shall  docket  the  case  in  his  docket  in  the  usual  manner  required  by  law, 
and  shall  issue  summons  or  warrant,  as  the  case  may  require.  When  a 
person  has  been  arrested  on  view  or  otherwise,  according  to  law,  without 


CITY  OF  BELLEVILLE. 


133 

a  warrant,  the  police  magistrate  shall  enter  in  his  docket  the  fact  of  his 
arrest  and  by  whom  made,  and  also  take  from  the  officer  making  the 
arrest  an  affidavit  of  the  cause  of  such  arrest. 

§  5.  If  an  action  shall  be  commenced  against  any  person  who  is 
charged  with  having  committed  an  act  punishable  under  the  laws  of  the 
State  of  Illinois,  or  any  person  being  a  non-resident  of  the  city,  or  if  the 
police  magistrate  shall  be  of  opinion  that  a  speedy  proceeding  is  necessary 
to  secure  the  punishment  of  the  offender,  he  shall  issue  a  warrant  which 
may  be  substantially  as  follows,  to  wit : 

STATE  OF  ILLINOIS, 

County  of  St.  Clair  and  City  of  Belleville. 

The  people  of  the  State  of  Illinois  to  the  marshal  of  the  city  of  Belleville 

or  any  constable  of  said  county,  Greeting  : 

Whereas,  the  marshal  (or  as  the  case  may  be)  has  complained  under 
oath  before  me,  that  A.  B.  has  violated  ordinance  No.  of  the  city  of 
Belleville  by  (here  insert  the  nature  of  the  offense.) 

You  are  hereby  commanded  to  take  the  body  of  A.  B.  and  bring  him 
forthwith  before  me  to  be  dealt  with  according  to  law. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this— — 
day  of - 18  . 

C.  D.,  Police  Magistrate. 

§  6.  Any  person  in  the  custody  of  the  city  marshal,  or  other  officer,  for 
the  violation  of  any  ordinance,  may  be  admitted  to  bail  by  executing  a  bond 
to  the  city  with  sufficient  security,  to  be  approved  by  the  police  magistrate, 
in  double  the  amount  of  the  penalty  for  the  offence  charged,  conditioned 
that  he  will  appear  upon  a  day  therein  named  before  the  police  magistrate, 
and  answer  the  accusation  for  which  he  has  been  arrested,  and  not  depart 
the  court  without  leave;  which  bond  shall  be  attested  by  the  police 
magistrate  and  filed  in  his  office,  and  a  note  thereof  shall  be  entered  upon 
his  docket. 

§  7.  If  the  defendant  fail  to  appear  according  to  the  conditions  of  the 
bond,  or  appearing,  shall  depart  the  court  without  leave,  the  police 
magistrate  shall  enter  judgment  against  him  and  his  securities  for  the 
penalty  of  said  bond,  and  all  costs. 

§  8.  Any  judgment  entered  up  under  the  provisions  of  the  preceding 
section  may  be  set  aside  by  the  police  magistrate  within  six  days  after 
the  rendition  of  said  judgment,  if  the  defendant  shall  personally  appear 
before  the  police  magistrate,  paying  the  costs  and  showing  good  cause  for 
setting  aside  the  judgment  by  affidavit  of  himself  or  one  creditable  person 
for  him. 


134 


ORDINANCES  OF  THE 


§  9.  A  party  in  custody  who  cannot  be  tried  on  accoupt  of  the 
absence  of  witnesses,  drunkenness,  or  other  cause,  and  who  cannot  give 
bail  for  his  appearance,  may  be  confined  in  the  county  jail  not  exceeding 
three  days,  and  in  such  case  the  police  magistrate  shall  deliver  to  the 
marshal  or  other  officer  a  commitment  stating  the  cause  of  the  detention. 

§  10.  When  a  defendant,  duly  summoned,  fails  to  appear  at  the  time 
the  suit  is  set  for  trial,  the  police  magistrate  shall  hear  and  examine  the 
testimony  offered  on  the  part  of  the  city,  and  shall  render  judgment  by 
default  against  the  defendant  for  such  amount  under  the  ordinances  as  he 
may  deem  just. 

§  11.  Judgment  by  default  rendered  under  the  preceding  section,  may 
be  set  aside  by  the  police  magistrate,  and  a  new  trial  granted  within  ten 
days  after  the  rendition :  Provided ,  the  defendant  shall  within  ten  days 
make  application  and  show  good  cause  for  such  setting  aside ;  and  pro¬ 
vided  he  shall  pay  all  the  costs  which  have  accrued,  unless  he  prove  to 
the  satisfaction  of  the  police  magistrate  that  he  was  prevented  by  unavoid¬ 
able  circumstances  from  attending  the  trial. 

§  12.  In  all  cases  of  appeals  the  police  magistrate  shall  make  out  and 
certify  a  full  transcript  of  the  proceedings  had  in  such  suit,  as  the  same  is 
recorded  on  his  docket. 

§  13.  When  the  marshal  or  constable  is  of  kin  to  the  prosecutor  or 
defendant  in  a  suit,  or  the  defendant  or  prosecutor  shall  file  an  affidavit 
that  the  marshal  or  constable  is  so  prejudiced  against  him  that  justice  may 
not  be  done  in  the  selection  of  a  jury,  the  police  magistrate  shall  issue  the 
venire  to  some  other  disinterested  constable  of  the  county,  or  some  other 
person,  if  such  constable  cannot  conveniently  be  had. 

§  14.  The  verdict  of  the  jury  shall  be  in  the  following  form :  “We,  the 
jury,  find  the  defendant  not  guilty,”  or  “We,  the  jury,  find  the  defendant 
guilty,  and  assess  the  fine  at - dollars.” 

§  15.  If  the  jury  find  the  defendant  guilty,  they  shall  assess  the 
penalty,  except' in  case  the  same  is  specifically  fixed  by  ordinance  at  a 
given  sum. 

§  16.  Upon  the  rendition  of  judgment  against  any  defendant  for  the 
violation  of  any  ordinance  of  this  city,  the  police  magistrate  shall  forthwith 
issue  an  execution  directed  to  the  city  marshal  or  any  constable  in  the 
county,  which  shall  be  made  returnable  in  thirty  days,  and  shall  otherwise 
be  in  the  same  form  and  governed  by  the  same  regulations,  as  executions 
issued  by  justices  of  the  peace  under  the  laws  of  this  State;  and  upon 
return  of  any  such  executions  unsatisfied  for  want  of  property,  it  may  at 
any  time  thereafter,  in  the  discretion  of  the  police  magistrate,  be  lawful 


CITY  OF  BELLEVILLE. 


135 


for  him  to  issue  another  execution,  in  such  form,  clearly  to  express  the 
objects  of  this  provision,  as  he  may  adopt,  directing  the  proper  officer,  if 
the  same  be  not  satisfied  within  ten  days  after  date,  to  commit  the  body 
of  the  defendant  to  the  city  or  county  jail,  or  to  put  him  undfer  the  care  of 
the  street  inspector  until  such  fine  and  costs  in  the  execution  shall  be 
liquidated  by  confinement  in  such  jail,  or  worked  out  on  the  streets  under 
the  ordinances  of  this  city ;  and  the  officer  in  his  return  shall  express  how 
said  execution  was  satisfied. 

§  17.  If  any  defendant  in  execution  shall  refuse  to  pay  the  fine  and 
costs,  and  the  execution  shall  be  returned  unsatisfied  for  want  of  property 
to  levy  upon,  he  shall  be  confined  in  the  jail  or  work  house  one  day  for 
each  one  dollar  of  such  fine  and  costs,  or  if  the  fine  and  costs  are  to  be 
liquidated  by  working  on  the  streets,  he  shall  work  one  day  for  every 
dollar  contained  in  the  execution. 

§  18.  Witnesses  summoned  in  any  suit  before  the  police  magistrate, 
and  attending  the  trial,  shall  be  entitled  to  fifty  cents  for  each  day’s 
attendance,  to  be  recovered  of  the  party  convicted. 

§  19.  In  all  prosecutions  instituted  by  the  City  of  Belleville,  any  officer 
of  said  city  shall  be  a  competent  witness,  notwithstanding  such  officer  may 
be  entitled  to  a  portion  of  the  fine  or  penalty,  or  to  a  fee  from  the  same. 

§  20.  Whenever  an  execution  against  a  defendant  in  favor  of  the  city  is 
returned  “  no  property  found,”  the  police  magistrate  may,  upon  oath  being 
made  by  any  officer  of  said  city,  or  by  any  citizen,  issue  a  garnishee 
process,  according  to  the  laws  of  this  State,  and  the  practice  of  justices  of 
the  peace,  and  every  such  officer,  for  such  purpose,  shall  be  deemed  and 
taken  to  be  the  agent  of  said  city. 

§  21.  When  an  affidavit,  on  the  part  of  the  city,  shall  be  required  in 
any  case  before  the  police  magistrate,  it  may  be  made  by  any  city  officer, 
or  by  any  person  to  whom  the  facts  are  known. 

§  22.  Parents,  guardians,  masters  and  mistresses,  shall  be  bound  for 
the  payment  of  any  fine,  forfeiture  or  penalty  assessed  against  any  minor 
under  their  respective  charge  or  care,  under  the  provisions  of  any  ordinance 
of  this  city,  and  execution  shall  issue  thereon  as  in  other  cases  :  Provided , 
it  shall  be  the  duty  of  the  marshal  or  constable  to  notify  any  such  parent, 
guardian,  master  or  mistress  of  such  minor,  if  they  are  known,  of  the  time 
and  place  of  trial  for  any  violation  of  ordinance,  and  in  case  such  parent, 
guardian  or  master  is  not  known,  or  resident  of  the  city,  the  officer  shall 
in  his  return  or  statement  make  known  such  fact. 

§  23.  In  all  prosecutions  for  fine  or  penalty,  where  the  defendant  shall 
be  acquitted,  if  it  shall  appear  to  the  police  magistrate  that  there  was  no 


136 


ORDINANCES  OF  THE 


reasonable  ground  for  the  prosecution,  or  that  it  was  instituted  vexatiously 
and  maliciously,  he  may  give  judgment  against  the  prosecutor  or  com¬ 
plainant  for  costs  of  said  suit,  and  issue  execution  thereon ;  and  in  all  cases 
arising  under  the  ordinances  the  police  magistrate  may,  if  it  shall  appear 
to  him  just  and  equitable,  apportion  the  costs  between  the  parties  and 
complainant  or  prosecutor,  according  to  justice. 

§  24.  The  police  magistrate  and  city  marshal,  in  all  matters  pertaining 
to  the  duties  of  their  respective  offices  in  judicial  proceedings,  and  con¬ 
cerning  which  there  is  no  specific  provisions  by  the  charter  or  ordinances 
of  the  city,  shall  be  governed  by  the  laws  of  the  state  of  Illinois,  and 
the  practice  established  relating  to  the  proceedings  of  justices  and  con¬ 
stables. 

§  25.  The  marshal  and  constable  shall,  at  all  times,  be  vigilant  in  en¬ 
forcing  the  ordinances  of  the  city,  and  shall  arrest,  on  view,  any  person 
committing  an  offense,  or  who  threatens  to  do  so  in  their  presence  ;  if  any 
such  person  arrested  cannot  have  an  immediate  trial,  he  or  she  shall  be 
committed  to  jail  for  trial  in  due  time ;  any  person,  so  arrested  and  held 
in  custody,  shall  be  entitled  to  a  trial  within  twenty-four  hours  from  the 
time  of  the  arrest,  except  when  Sunday  shall  intervene,  unless  the  trial  be 
postponed  by  the  police  magistrate  for  good  cause  or  from  unavoidable 
circumstances. 

§  26.  If  the  marshal  or  constable  shall  willfully  neglect  to  discharge 
any  duties  required  of  them  by  the  charter  of  the  city  or  by  the  ordinances 
thereof,  or  shall  commit  any  positive  violation  of  duty,  they  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than 

one  nor  more  than  one  hundred  dollars. 

% 

§  27.  The  marshal,  or  any  other  officer  of  the  city  authorized  to  exe¬ 
cute  process  of  the  police  magistrate,  shall  be  allowed  five  per  cent,  of  the 
fines  and  penalties  respectively  collected  by  them  for  the  use  of  the  city  of 
Belleville. 

§  28.  The  mayor  and  aldermen  of  the  city  shall  be,  ex-officio ,  conserva¬ 
tors  of  the  peace  within  the  city.  They  shall,  as  such,  arrest,  or  cause  to 
be  arrested,  with  or  without  process,  all  persons  who  shall  break  the 
peace,  or  threaten  to  break  the  peace,  or  be  found  violating  any  ordi¬ 
nance  of  this  city,  commit  for  examination,  and,  if  necessary,  detain  such 
persons  in  custody  over  night,  or  the  Sabbath,  in  the  jail  or  watch-house, 
or  until  they  can  be  brought  before  a  magistrate. 

§  29.  If,  after  the  conviction  of  any  offender,  before  the  police  magis¬ 
trate,  for  the  violation  of  any  ordinance,  or  if,  at  any  other  time,  upon  due 
information  under  oath  made,  it  be  moved  by  the  city  attorney,  or  other 


CITY  OF  BELLEVILLE. 


137 


officer  of  the  city,  to  put  the  defendant  under  bonds,  and  require  him  to 
give  security  for  his  good  behavior  and  to  keep  the  peace,  the  magistrate 
shall  hear  the  testimony  under  oath,  and,  if  he  is  satisfied  that  the  defend¬ 
ant  has  used  threats  to  disturb  the  peace,  or  to  commit  any  other  unlawful 
act  against  persons  or  property,  or  that  he  is  of  bad  character  and  fame,  and 
that  there  is  danger  that  such  defendant  will  disturb  the  peace,  or  commit 
those  unlawful  acts,  or  that  the  public  peace  and  good  would  be  promoted 
by  his  being  bound  over,  he  shall  require  the  said  defendant  to  enter  into 
bonds,  with  good  security,  in  a  sum  not  exceeding  five  hundred  dollars,  to 
keep  the  peace  for  a  time  not  exceeding  twelve  months.  The  condition  of 
this  recognizance  shall  be  :  that  the  defendant  shall  keep  the  peace  against 
all  persons,  or  against  particular  persons  named  in  the  information,  and 
appear  again  before  the  police  magistrate  at  a  time  fixed  in  said  recog¬ 
nizance,  to  be  dealt  with  according  to  law.  If  the  defendant  shall  fail  to 
give  a  recognizance  with  sufficient  security,  it  shall  be  the  duty  of  the 
magistrate  to  commit  him  to  jail  until  such  security  be  given.  If  the 
defendant,  having  entered  into  recognizance,  shall  appear  before  the  magis¬ 
trate  at  the  time  fixed  in  said  bond,  the  magistrate  shall  examine  the 
witnessess,  and  either  continue  the  recognizance,  commit  the  defendant  to 
jail,  or  discharge  him,  as  to  the  said  magistrate  shall  appear  right  and  just, 
having  due  regard  to  the  public  peace  and  good  and  to  the  safety  of  the 
citizens :  Provided,  That  the  person  committed  to  jail  for  want  of  entering 
into  such  recognizance,  shall  not  stay  in  jail  longer  than  one  month, 
and  may  be  discharged  sooner,  at  the  discretion  of  the  police  magistrate. 

No.  XXXVII. 

Public  Well — Ordinance  relating  to  the  Public  Well. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
as  follows :  If  any  person  shall  at  any  time  willfully  or  negligently  break 
or  abuse  the  pump  in  the  public  well  on  the  public  square,  or  shall  pump 
out  of  said  well  any  water,  without  needing  the  same  for  himself  or  family, 
or  for  watering  horses  or  cattle,  or  for  some  other  lawful  purpose,  or  if  any 
person  shall  willfully  or  negligently  throw  any  filth,  dirt  or  dirty  water 
into  the  public  cistern,  he  shall  be  subject  to  a  fine  of  not  exceeding  twenty 
dollars. 

No.  XXXVIII. 

Revenue  and  Taxes — Ordinance  in  relation  to,  and  for  the  Collection  of , 

Taxes  and  other  Revenue  of  the  City. 

ARTICLE  i. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville,  as 
follows :  The  rate  of  tax  for  the  fiscal  year  commencing  on  the  first  of  May 


138 


ORDINANCES  OF  THE 


of  each  and  every  year,  shall  in  future,  unless  altered  by  ordinance,  be  fifty 
cents  on  every  hundred  dollars’  worth  of  real  and  personal  estate  assessed 
for  taxation,  and  subject  to  the  same  by  law  within  the  city  limits  of  the 
city  of  Belleville,  to  be  applied  to  the  contingent  and  other  expenses  of  the 
city ;  also  twenty  cents  on  every  hundred  dollars’  worth  of  real  and  per¬ 
sonal  estate  so  assessed,  to  constitute  a  sinking  fund,  and  to  be  wholly 
applied  to  the  payment  of  city  bonds  and  obligations  now  due  and 
maturing. 

ARTICLE  II. 

Assessor  and  Assessment. 

§  1.  At  the  first  regular  session  of  the  city  council  after  the  first  day  of 
May  in  every  year,  it  shall  be  the  duty  of  the  mayor  to  appoint,  by  and 
with  the  consent  of  the  board  of  aldermen,  a  competent  person  as  assessor, 
who  shall  have  resided  in  the  city  at  least  three  years. 

§  2.  The  said  assessor,  upon  entering  upon  the  duties  of  his  office,  shall 
subscribe  an  oath  faithfully  to  discharge  the  duties  of  the  office  of  assessor 
to  the  best  of  his  knowledge  and  ability  :  and  shall  also  enter  into  bond  to 
the  city  with  at  least  two  securities  to  be  approved  by  the  mayor,  condi¬ 
tioned  for  the  prompt  and  faithful  discharge  of  his  duties. 

§  3.  The  assessor  shall  enter  upon  the  discharge  of  his  duties  on  the 
second  Monday  of  May  in  each  year,  and  the  city  register  shall  deliver  to 
him  the  entire  preceding  assessment  list  of  the  city,  and  well  bound  books, 
with  separate  columns  for  the  names  of  the  owners  of  property,  the  kind 
of  property,  the  value  of  the  ground,  and  the  value  of  the  improvements, 
the  value  of  each  kind,  and  the  total  value  of  every  persons’  taxable  prop¬ 
erty  and  such  other  columns  as  may  be  deemed  necessary. 

§  4.  Upon  the  receipt  of  the  lists  and  books  mentioned  in  the  preceding 
section,  the  assessor  shall  proceed  to  examine  and  assess  all  property 
within  this  city  subject  to  taxation  at  its  true  value,  and  when  the  same 
is  real  estate,  giving  the  quantity  and  metes  and  bounds  thereof,  and  the 
value  of  the  ground  and  that  of  the  improvements,  separately,  and  shall 
charge  all  personal  property,  monies  and  credits  to  the  owner,  with  his 
real  estate,  if  he  has  any. 

§  5.  Said  lists  shall  be  arranged  by  blocks  or  lots,  according  to  their 
numerical  order  on  the  plats  of  the  city  and  additions. 

§  6.  The  assessor  in  making  the  city  assessment  shall  have  all  the 
power  and  authority  conferred  by  State  laws  upon  the  county  assessor, 
and  is  authorized  to  demand  of  every  person  owning  or  having  charge  of 
any  taxable  property  as  agent,  guardian,  curator,  trustee,  or  otherwise,  a 


CITY  OF  BELLEVILLE. 


139 


list  of  all  such  property,  with  such  description  as  will  enable  him  to  list 
and  assess  the  same,  and  shall  have  power,  and  is  required  when  not 
satisfied  with  such  list,  to  examine  the  party  under  oath,  touching  the 
same;  and  any  person  refusing  to  take  such  oath  shall  be  deemed  guilty  of 
a  misdemeanor,  and  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  for  not  less  than  three  nor  more 
than  twenty  days. 

§  7.  If  the  assessor  find  property  within  the  city,  the  owner  of  which 
is  unknown,  he  shall  list  it  as  the  property  of  an  unknown  owner. 

§  8.  If  the  assessor  shall  discover  any  taxable  property  which  has  not 
been  assessed  in  previous  years,  the  same  shall  be  assessed  for  each  year 
it  was  not  assessed,  and  the  assessor  shall  note  the  same  upon  the  assess¬ 
ment. 

§  9.  It  shall  be  the  duty  of  the  assessor  to  return  to  the  city  council 
the  whole  assessment  of  the  property  within  the  city  within  ninety  days 
after  receiving  the  books  from  the  register. 

§  10.  Upon  the  receipt  of  the  assessment  lists,  the  mayor  shall  call  a 
meeting  of  the  city  council  to  hear  and  determine  all  appeals  from  the 
assessment,  and  correct  all  errors  that  may  be  found  in  the  lists. 

§  11.  The  register  shall  give  ten  days  notice  of  the  time  and  place  of 
the  meeting  of  the  city  council  as  a  court  of  appeals,  by  publishing  the 
same  in  the  newspapers  employed  by  the  city,  and  all  persons  who  consider 
themselves  aggrieved  by  the  assessment  of  their  property,  may  appeal  to 
the  city  council  sitting  as  a  court  of  appeals,  and  any  such  appeal  may  be 
made  either  verbally  by  the  appellant,  or  handed  in  in  writing,  and  shall 
state  specifically  the  grounds  of  the  appeal,  and  the  matter  or  thing  com¬ 
plained  of,  and  no  other  matter  shall  be  considered  by  the  board. 

§  12.  The  city  council  sitting  as  a  court  of  appeals  shall  hear  and 
determine  all  appeals  in  a  summary  way,  and  correct  any  errors  which 
they  may  discover  in  the  assessment  lists,  and  may  place  upon  such  lists 
any  assessable  property  not  already  listed  ;  and  may  increase  or  diminish 
any  assessment  as  they  may  think  just  and  equitable  :  Provided ,  however, 
that  before  the  assessment  of  any  property  is  finally  increased,  the  person 
to  whom  such  property  is  assessed,  or  his  agent,  if  a  resident  of  the  city, 
shall  be  notified  either  personally  or  by  writing  left  at  his  usual  place  of 
residence,  of  such  intention  to  increase  his  assessment,  and  of  the  time  and 
place  of  the  session  of  city  council  sitting  as  a  court  of  appeals,  and  shall 
be  permitted  to  introduce  any  testimony  relating  to  the  value  of  his 
property. 

§  13.  When  the  city  council,  sitting  as  a  court  of  appeals,  shall  have 


140 


ORDINANCES  OF  THE 


corrected  and  adjusted  the  lists,  it  shall  be  delivered  to  the  city  register, 
who  shall  make  a  correct  copy  thereof,  and  deliver  said  copy  to  the  city 
collector,  and  take  his  receipt  for  the  aggregate  amount  thereof,  and  charge 
the  same  to  him. 

§  14.  The  assessor  shall  receive  a  salary  of  two  hundred  dollars,  payable 
when  the  assessment  is  finished,  received  and  approved  by  the  city  council. 

ARTICLE  III. 

Collector  and  collection  of  taxes. 

Section  1.  At  the  first  regular  session  of  the  city  council  after  the  first 
day  of  May,  in  each  year,  there  shall  be  appointed  a  collector  of  the  city 
revenue,  who  shall  enter  upon  the  duties  of  his  office  on  the  second 
Monday  in  May. 

§  2.  The  official  bond  of  each  collector  shall  be  in  double  the  sum  of 
the  amount  of  the  assessed  taxes,  with  at  least  two  sufficient  securities  to 
be  approved  by  the  city  council. 

§  3.  It  shall  be  the  duty  of  the  collector  to  collect  all  accounts  for 
taxes  placed  in  his  hands  for  collection,  to  keep  in  suitable  books  separate 
accounts  of  monies  and  orders  received  by  him  on  behalf  of  the  city,  with 
the  date  of  the  receipt,  the  name  of  the  person  paying,  and  object  of  taxa¬ 
tion,  to  pay  to  the  treasurer  on  the  last  day  of  every  week  all  monies  or 
orders  collected  by  him,  taking  duplicate  receipt  therefor,  one  of  which 
shall  be  filed  with  the  city  register  without  delay. 

§  4.  Upon  the  receipt  of  the  tax  list  or  assessor’s  books  the  collector 
shall  give  notice  thereof  by  publication  in  the  newspapers  employed  by 
the  city,  requiring  all  persons  to  pay  their  taxes ;  and  the  taxes  shall  be 
considered  as  due  and  payable  on  and  from  the  day  of  the  publication  of 
the  said  notice. 

§  5.  If  the  taxes  are  not  paid  within  twenty  days  after  the  first  publication 
of  said  notice,  the  collector  may,  if  he  chooses,  call  upon  such  person 
residing  in  the  city  who  shall  have  failed  to  pay  his  taxes,  and  may  make 
a  demand  of  the  same  at  his  or  her  usual  place  of  residence. 

§  6.  The  amount  of  taxes  shall  be  a  lien  on  personal  property,  and  shall 
attach  from  and  after  the  time  the  assessment  list  is  received  by  the  col¬ 
lector,  and  no  transfer  of  the  matter  shall  effect  the  claim  of  the  city,  but 
the  said  property  may  be  seized  by  the  collector  wherever  found,  and 
removed,  if  necessary,  and  sold  to  discharge  the  taxes  of  the  person  owning 
the  same  at  the  time  of  such  assessment,  together  with  the  costs  and 
charges  of  collection. 

§  7.  In  collecting  the  city  taxes  and  assessments,  general  or  special,  the 


CITY  OF  BELLEVILLE. 


141 


collector  of  the  city  shall  have  the  same  power  and  authority  as  the  county 
and  State  collector;  a  notice,  published  by  the  collector  for  ten  days  in  the 
newspaper  printing  the  city  ordinances,  shall  be  deemed  a  demand,  and  a 
neglect  to  pay  taxes  for  twenty  days  thereafter  shall  be  deemed  a  refusal ; 
and  the  collector  and  the  assessor’s  list  shall,  in  all  cases,  be  competent 
witness  and  evidence  on  the  part  of  the  city  corporation. 

§  8.  In  case  any  person  shall  refuse  or  neglect  to  pay  his  or  her  taxes 
when  demanded,  or  within  ten  days  thereafter,  the  collector  may  levy  the 
same  together  with  the  costs  and  charges  that  may  accrue,  by  distress  and 
sale  of  the  personal  property  of  such  person  as  ought  to  pay  the  same 
wherever  the  same  may  be  found  in  the  city. 

§  9.  The  collector  shall  give  public  notice  of  the  time  and  place  of  sale, 
the  property  to  be  sold,  and  the  name  of  the  delinquent,  at  least  ten  days 
previous  to  the  day  of  sale,  by  advertisements  to  be  posted  up  in  at  least 
three  public  places  in  the  city. 

§  10.  Such  sale  shall  be  by  public  auction,  and  if  practicable  no  more 
property  shall  be  sold  than  sufficient  to  pay  the  taxes,  costs  and  charges 
due ;  the  same  shall,  if  convenient,  be  sold  in  parcels,  and  if  sold  for  more 
than  the  amount  necessary,  the  surplus  shall  be  returned  to  the  owner. 

§  11.  The  collector  shall  be  allowed  the  same  fees  and  charges  for 
making  distress  and  sale  of  personal  property  for  the  payment  of  taxes  as 
is  allowed  by  law  to  constables  for  making  levy  and  sale  of  property  on 
execution. 

§  12.  Whenever  any  tax  is  paid,  the  collector  shall  give  the  person 
paying  the  same  a  receipt,  specifying  the  name  of  the  person  for  whom 
paid,  the  amount  paid,  what  year  paid  for,  and  the  property  on  which  the 
same  was  assessed. 

§  13.  If  any  person,  owning  lands  or  town  lots  or  parts  of  lots,  in  the 
city  of  Belleville,  shall  fail  to  pay  the  taxes  assessed  thereon  by  said  city, 
by  the  first  day  of  January  in  each  year,  it  shall  be  the  duty  of  the 
collector  to  publish  an  advertisement  in  the  newspaper  employed  by  the 
city  for  publishing  the  ordinances,  at  least  thirty  days  previous  to  the 
March  term  of  the  county  court  of  St.  Clair  county,  which  advertisement 
shall  contain  a  correct  copy  of  the  collector’s  books  of  all  the  delinquent 
lots  and  lands,  upon  which  the  taxes  remain  due  and  unpaid,  and  the 
collector  shall,  at  the  foot  of  the  delinquent  list,  give  notice  that  he  will 
apply  at  the  county  court  of  St.  Clair  county,  to  be  holden  on  the  first 
Monday  of  March,  for  a  judgment  against  said  lands  and  lots,  for  the  taxes 
and  costs  due  thereon,  and  for  an  order  to  sell  said  lands  and  lots,  for  the 
satisfaction  thereof.  Said  advertisement  shall  also  contain  a  notice  that 


142 


ORDINANCES  OF  THE 


the  collector  will,  on  the  second  Monday  succeeding  the  first  Monday  of 
the  term  of  the  county  court,  at  which  judgment  will  be  obtained  against 
said  delinquent  lands  and  lots,  expose  the  same  to  public  sale,  at  the  Court 
House,  between  the  hours  of  ten  o’clock  a.  m.  and  six  o’clock  p.  m.,  for 
the  amount  of  taxes  and  costs  due  thereon.  The  collector  shall  at  least 
five  days  before  the  commencement  of  the  term  of  court  at  which  judg¬ 
ment  is  to  be  obtained,  file  a  copy  of  the  advertisement  or  delinquent  list, 
published  as  aforesaid,  with  the  county  clerk,  and,  also,  one  with  the  city 
register,  and  these  shall  then  be  deemed  and  taken  to  be  sufficient  and 
legal  notice,  both  of  the  intended  application  to  the  county  court  for 
judgment,  and,  also,  for  the  sale  of  lands  and  lots  under  the  order  of  said 
court.  The  county  court  shall  proceed  according  to  the  State  laws  in 
relation  to  the  collection  of  State  and  county  taxes.  The  court  shall 
hear  and  determine  said  application  and  render  judgment  against  the  de¬ 
linquent  lands  and  lots  in  the  same  manner,  and  said  judgment  shall  have 
the  like  effect  as  though  said  delinquent  list  had  been  returned  to  the 
county  court  by  the  sheriff’  or  collector  of  the  ‘county  in  the  collection  of 
State  and  county  taxes,  and  the  county  court  shall  issue  its  precepts  or 
order  to  the  collector  of  the  city,  directing  him  to  sell  said  lands  and  lots 
at  public  auction,  to  pay  said  delinquent  taxes  and  costs. 

§  14.  On  the  first  day  of  the  term  at  which  judgment  on  the  delinquent 
lots  and  lands  is  prayed,  it  shall  be  the  duty  of  the  collector  to  file  an 
affidavit  which  shall  be  attached  to  the  delinquent  list,  and  which  shall  be 
as  nearly  as  may  be,  in  the  following  form : 

I, - collector  of  the  city  of  Belleville,  for  the  year  18  ,  do 

solemnly  swear,  that  the  foregoing  is  a  true  and  correct  record  of  the 
delinquent  lands  and  town  lots  within  the  corporate  limits  of  the  city  of 
Belleville,  upon  which  I  have  been  unable  to  collect  the  taxes,  as  required 
by  ordinances  for  the  year  18  ,  and  that  said  taxes  now  remain  due  and 

unpaid,  to  the  best  of  my  knowledge  and  belief.  And  said  affidavit  shall 
be  taken  as  prima  facie  evidence  of  the  truth  of  the  statements  therein 
contained,  and  if  there  shall  be  no  proof  to  the  contrary,  the  court  shall 
render  judgments  against  said  lands  and  lots. 

On  the  day  and  at  the  place  designated  in  his  notice,  the  collector  shall 
proceed  to  sell  the  lots  and  lands,  or  so  much  thereof  as  will  pay  the  taxes 
and  costs  severally  assessed  thereon.  All  sales  shall  be  conducted  as  pre¬ 
scribed  by  State  law.  The  sale  shall  be  made  for  the  smallest  portion  of 
ground,  to  be  taken  from  the  east  side  of  the  premises,  for  which  any 
person  will  take  the  same,  and  will  pay  the  taxes  and  costs  thereon. 
Duplicate  certificates  of  sale  shall  be  made  out  and  subscribed  by  the 


CITY  OF  BELLEVILLE. 


143 


collector  and  register,  one  of  which  shall  be  delivered  to  the  purchaser, 
and  the  other  filed  in  the  office  of  the  register.  The  collector  shall  be 
allowed  the  same  fees  for  selling  as  are  allowed  by  State  law  for  similar 
services.  The  register  shall  keep  a  record  of  such  sales,  which  shall  be 
open  to  public  inspection  at  all  seasonable  times. 

§  15.  Whenever  the  said  collector,  by  reason  of  not  getting  the  assess¬ 
ment  in  time,  or  for  any  other  cause,  shall  be  unable  to  get  judgment 
against  the  delinquent  lands  and  lots  at  the  March  term  of  the  county 
court  of  St.  Clair  county,  it  shall  be  his  duty  to  get  the  said  judgment  on 
any  succeeding  term  of  said  court,  as  directed  by  the  city  council ;  said 
judgment  and  order  of  sale  to  be  obtained,  and  the  sale  of  the  delinquent 
lands  and  lots,  and  the  proceedings  thereon  to  be  conducted  in  the  same 
manner  and  time,  and  to  be  of  the  same  force  and  effect  as  if  made  on 
the  second  Monday  succeeding  the  first  Monday  of  the  March  term  of 
the  county  court  of  St.  Clair  county,  and  as  described  in  sections  13th 
and  14th. 

§  16.  The  register  shall  attend  all  sales  of  lands  and  lots  for  taxes  made 
by  the  collector,  and  make  a  record  thereof  in  a  book  to  be  kept  for  that 
purpose,  therein  describing  the  several  tracts  of  land  and  lots  as  they  are 
described  in  the  delinquent  list,  stating  in  separate  columns  the  tax,  cost, 
and  how  much  and  what  part  of  each  tract  or  lot  was  sold,  to  whom  sold, 
and  all  such  tracts  or  lots  as  remain  unsold  for  want  of  bidders,  shall  be 
entered  as  sold  to  the  city. 

§  17.  The  city  register  shall  make  out  and  deliver  to  the  purchasers 
of  any  lands  or  lots  sold  for  the  payment  of  taxes  as  aforesaid,  a  certificate 
of  purchase,  which  is  to  be  countersigned  by  the  collector,  describing  the 
lands  or  lots  sold  as  the  same  were  described  in  the  delinquent  list,  the 
amount  of  taxes  and  costs  for  which  the  same  was  sold,  the  time  when 
the  right  to  redeem  will  expire,  and  that  payment  has  been  made  therefor, 
which  certificate  shall  be  assignable  by  indorsement. 

§  18.  The  city  register  shall  make  out  a  certificate  to  the  city  for  all  the 
lands  and  lots  that  were  bid  in  for  the  city,  similar  to  that  given  to  other 
purchasers,  and  such  sale  to  the  city  shall  have  the  same  effect  as  if  made 
to  an  individual. 

§  19.  Real  estate  sold  under  the  provisions  of  this  chapter,  may  be 
redeemed  at  any  time  before  the  expiration  of  two  years  from  the  date  of 
sale,  by  the  payment  to  the  city  register  of  double  the  amount  for  which 
the  same  was  sold,  and  all  taxes  accruing  after  such  sale,  unless  such  sub¬ 
sequent  taxes  have  been  paid  to  the  collector  as  may  be  shown  by  the 
collector’s  receipt,  by  the  person  redeeming,  with  six  per  cent,  interest 


144 


ORDINANCES  OF  THE 


thereon  from  the  first  day  of  March  in  each  year,  up  to  the  time  of  pay¬ 
ment  ;  Provided ,  That  if  the  real  estate  of  any  infant,  femme  covert ,  or 
lunatic,  be  sold  for  taxes,  the  same  may  be  redeemed  at  any  time  within 
one  year  after  such  disability  is  removed,  upon  the  terms  specified  in  this 
section. 

§  20.  At  any  time  after  the  expiration  of  two  years  from  the  sale  of 
any  real  estate  for  taxes,  if  the  same  shall  not  be  redeemed  according  to 
law,  the  city  council  shall,  upon  the  return  of  the  certificate,  or  proof  of 
its  loss,  direct  a  deed  to  be  executed  to  the  purchaser,  under  the  corporate 
seal,  signed  by  the  mayor  or  presiding  officer  of  the  city  council,  and 
countersigned  by  the  register  conveying  to  such  purchaser  the  premises  so 
sold  and  unredeemed  as  aforesaid.  An  abstract  of  all  deeds  so  made  and 
delivered  shall  be  entered,  by  the  register,  in  the  book  wherein  tax  sales 
are  recorded ;  and  such  deeds  shall  be  of  the  same  force  and  effect  as  deeds 
executed  by  collectors  of  counties  under  the  laws  of  this  State.  The 
assignee  of  any  tax  certificate,  shall  be  entitled  to  receive  a  deed  for  the 
premises  sold,  in  his  own  name,  and  with  the  same  effect  as  though  he  had 
been  the  original  purchaser. 

§  21.  All  the  moneys  received  by  the  register  shall  be  paid  to  the  city 
treasurer  for  the  use  of  the  purchaser  or  his  legal  representatives,  or  for 
that  of  the  city,  and  he  shall  make  an  entry  of  such  redemption  of  every 
tract  of  land  or  lot  on  the  same  line  on  which  the  sale  of  said  land  or  lot 
is  recorded  in  the  book  kept  for  that  purpose,  as  required  in  section  seven¬ 
teenth  of  this  ordinance. 

§  22.  Money  paid  into  the  treasury  in  redemption  of  real  estate  pur¬ 
chased  at  a  tax  sale  by  an  individual,  and  to  which  such  purchaser  is 
entitled,  shall  be  paid  to  him  by  the  treasurer  upon  his  applying  therefor, 
and  producing  the  register’s  certificate  of  purchase,  and  endorsing  thereon 
a  receipt  for  the  amount. 

§  23.  The  register  shall  receive  one  dollar  for  every  deed  made  to  an 
individual  purchaser,  and  shall  be  allowed  to  charge  twenty-five  cents  for 
every  lot  redeemed,  to  be  paid  by  the  person  receiving  the  deed  or 
redeeming. 

§  24.  The  collector  or  register  shall  not  directly  or  indirectly  be  con¬ 
cerned  in  the  purchase  of  any  property  sold  for  taxes,  under  penalty  of 
two  hundred  dollars. 

§  25.  The  city  register  shall  make  out  a  list  of  all  the  lands  or  lots 
which  have  been  bid  in  by  the  city  for  taxes,  and  not  redeemed,  and  make 
out  written  notices  or  give  notice  in  any  newspaper  employed  by  the  city, 
as  required  by  the  sixth  section  of  an  act,  entitled,  “An  act  to  amend  the 


CITY  OF  BELLEVILLE. 


145 


several  acts  concerning  the  public  revenue,”  approved  by  the  general  assem¬ 
bly  of  this  State  on  the  8th  day  of  February,  A.  D.  1849,  and  he  shall  see 
that  all  the  conditions  required  in  said  section  are  complied  with ;  the 
marshal  shall  serve  the  notices  and  make  the  affidavit  required,  and  the 
register  and  marshal  shall  receive  a  reasonable  compensation  for  services 
rendered  under  this  section. 

§  26.  The  collector  of  this  city,  the  city  register,  the  printer  of  the 
delinquent  list,  and  other  officers,  shall  receive  for  their  services  rendered 
under  this  ordinance,  the  same  fees  as  are  allowed  for  similar  services  ren¬ 
dered  under  the  laws  of  this  State. 

§  27.  The  collector  shall  receive  five  per  centum  of  the  amount  collected 
as  compensation  for  his  services  in  collecting  the  revenue  of  the  city. 

No.  XXXIX. 

Register  and  treasurer — Ordinance  relating  to  register  and  treasurer. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
as  follows :  The  register  shall  keep  the  corporate  seal,  and  all  papers  and 
books  belonging  to  the  city.  He  shall  attend  all  meetings  of  the  city 
council,  and  keep  a  full  record  of  their  proceedings  on  the  journals,  and  of 
all  ordinances  which  they  may  pass,  and  superintend  the  printing  of  the 
same ;  and  copies  of  all  papers  duly  filed  in  his  office,  and  transcripts  from 
the  journals  of  the  proceedings  of  the  city  council,  certified  by  him  under 
the  corporate  seal,  shall  be  evidence  in  all  courts,  in  like  manner  as  if  the 
originals  were  produced.  He  shall  also  draw  all  warrants  on  the  treasury, 
which  warrants  shall  specify  for  what  purpose  the  amount  therein  named 
is  to  be  paid,  and  countersign  the  same,  and  keep  accurate  accounts  thereof 
in  a  book  provided  for  that  purpose. 

§  2.  The  register  shall  keep  an  accurate  account  of  all  receipts  and 
expenditures,  and  a  full  record  of  all  financial  operations  of  the  city.  He 
shall  furthermore  have  power  to  administer  all  and  any  oath  required  to 
be  taken  under  the  charter  and  under  the  ordinances  of  the  city. 

§  3.  The  treasurer  shall  receive  and  safely  keep  all  money  or  city  scrip, 
orders  or  coupons  of  bonds,  which  may  be  paid  over  to  him  by  the  collector 
or  other  officers,  on  account  of  the  city,  and  give  receipts  therefor ;  he 
shall  disburse  any  money  in  the  treasury  upon  the  warrant  of  the  mayor, 
countersigned  by  the  register,  in  conformity  with  the  order  of  the  city 
council,  and  he  shall  receive  from  the  collector  or  other  officer  of  the  city, 
and  receipt  therefor  as  money,  any  scrip  or  orders  issued  under  the  ordi¬ 
nances  of  the  city,  and  shall,  whenever  required,  report  to  the  city  council 
10 


146 


ORDINANCES  OF  THE 


a  full  statement  of  all  the  money,  scrip  or  orders  received  by  him,  and  on 
what  account. 

§  4.  The  register  and  treasurer  shall  keep  a  regular  and  fair  account  of 
all  monies  received  and  disbursed  by  him,  showing  the  date  of  the  receipt 
and  disbursement  thereof,  of  whom  received,  to  whom  paid,  and  on  what 
account. 

§  5.  He  shall,  at  the  end  of  each  year,  twenty  days  before  the  election, 
make  out  and  deliver  to  the  city  council  a  full  and  complete  statement  of 
all  monies  or  other  indebtedness  received  by  him,  for  the  year  next  pre¬ 
ceding  and  show  in  what  manner  he  has  disbursed  the  same. 

§  6.  He  shall,  every  year,  make  out  a  full  and  detailed  statement  of  the 
city  debt,  showing  to  whom  the  same  is  due,  on  what  account  due,  what 
portions  of  the  same  have  been  paid  within  the  year  on  account  of  principal, 
and  what  amount  of  interest,  and  whether  the  same  is  funded  or  unfunded 
debt,  and  what  amount  yet  remains  to  be  paid. 

§  7.  He  shall  receive  and  enter  upon  record  in  an  appropriate  book, 
the  assessment  lists  of  the  assessor,  and  ascertain  and  carry  out  in  an 
appropriate  column,  under  the  order  of  the  city  council,  the  amount  of  tax 
levied  upon  each  individual’s  property  as  returned  to  him  by  the  assessor, 
and  deliver  a  fair  and  exact  copy  thereof  to  the  collector  as  provided  by 
ordinance. 

§  S.  He  shall  countersign  all  licenses  issued  by  the  mayor,  and  receive 
the  money  therefor;  and  receipt  for  the  same;  and  keep  in  his  books  a 
separate  account  of  all  the  monies  paid  him  for  licenses,  and  report  the 
same  to  the  city  council. 

No.  XL. 

Slaughter  houses  and  Pens — An  ordinance  relating  to  Slaughter  houses 

and  Pens. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville ? 
That  any  house,  slaughter  house,  pen,  stable,  or  other  place  used  for 
butchering,  killing  or  keeping  hogs,  oxen,  cows,  sheep,  or  other  animals, 
or  any  building,  erection  or  other  enclosure  not  necessary  for  the  use  of 
families,  which  shall  cause  or  produce  an  unwholesome  or  offensive  smell 
or  other  annoyance  to  the  inhabitants  of  said  city,  shall  be  deemed  and  is 
hereby  defined  a  nuisance. 

§  2.  That  hereafter,  no  slaughter  house,  pen,  stable,  or  other  place  used  or 
to  be  used  for  slaughtering  or  killing  hogs,  oxen,  cows,  sheep,  or  other  ani¬ 
mals,  shall  be  erected,  established  or  located  by  any  person  or  persons 
within  the  corporate  jurisdiction  or  limits  of  the  city  of  Belleville.  Any  per- 


CITY  OF  BELLEVILLE. 


147 


son  or  persons  establishing,  erecting  or  locating  any  building  as  aforesaid, 
within  the  limits  of  the  said  city  of  Belleville,  for  the  use  or  purpose  afore¬ 
said,  and  failing  to  abandon  or  quit  the  same,  or  shall  not  cease  using  the 
same  for  slaughtering  as  aforesaid,  when  notified  by  the  marshal  of  said 
city  so  to  do,  shall  be  liable  to  a  fine  of  not  exceeding  one  hundred  dollars  : 
Provided ,  That  this  ordinance  shall  have  no  reference  to  the  months  be¬ 
tween  the  first  day  of  November  and  the  first  day  of  March  in  each  year. 

No.  XLI. 

Shade  Trees — Ordinance  relating  to  Shade  Trees. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  whenever  any  owners  or  lessees  of  lots  within  the  city  limits  shall 
plant  or  cause  to  be  planted  any  shade  trees  on  the  side  walk  in  front  of 
their  respective  property,  and  said  trees  are  growing  twelve  months  after 
the  time  of  planting  said  trees,  said  owners  or  lessees  shall  be  entitled  to 
twenty-five  cents  for  every  good  shade  tree  so  planted,  said  trees,  how¬ 
ever,  shall  be  planted  one  foot  from  the  edge  of  the  curb  of  the  side  walk, 
and  to  be  planted  twenty  feet  apart.  The  persons  so  planting  trees  are  to 
notify  the  street  inspector,  whose  duty  it  shall  be  to  keep  a  book  and  a 
record  of  all  the  trees  planted  or  claimed  to  have  been  planted  under  this 
ordinance. 

No.  XIII. 

Special  tax — An  ordinance  relating  to  special  tax. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  whenever,  in  the  opinion  of  the  city  council  it  shall  become  neces¬ 
sary  to  grade  or  fill  up  any  land  or  lot,  or  to  fill  up,  or  grade,  or  repair,  or 
pave  any  sidewalk,  on  any  street,  avenue  or  alley,  or  any  part  thereof 
within  the  city  limits,  the  city  council  may,  by  ordinance  or  resolution, 
direct  the  owners  of  said  property  to  have  said  grading,  filling  up,  or 
grading  and  paving,  or  repairing,  done  by  a  certain  time  therein  named, 
and  the  publication  of  said  ordinance  shall  be  sufficient  notice  to  owners 
or  holders  of  said  lands  or  lots  fronting  on  any  such  streets  where  such 
grading  and  paving  are  required  to  be  done. 

§  2.  Whenever  the  owner  or  holder  of  any  lot  or  land  shall  neglect 
or  refuse  to  grade  or  fill  up  the  same,  or  to  repair  or  to  grade  and  pave  his 
sidewalk,  in  front  of  said  lot,  on  any  street,  alley,  avenue  or  public  place, 
in  conformity  to  section  one,  the  street  inspector  shall  contract  for  the 
same  to  be  done  at  the  expense  of  the  city,  and  shall  make  his  report  of 


148 


ORDINANCES  OF  THE 


the  expense  thereof  to  the  city  council,  and  the  city  council  shall,  by 
ordinance,  levy  a  special  tax  against  said  lot  or  land,  of  sufficient  amount 
to  pay  all  expenses,  and  ten  per  cent,  damages  on  the  money  paid  by  the 
city. 

§  3.  As  soon  as  the  report  of  the  street  inspector  has  been  received, 
and  the  contractors,  workmen  or  laborers’  claims  for  work  done  under  the 
above  ordinance  have  been  allowed,  the  city  register  shall  forthwith  make 
out  and  deliver  to  the  collector  a  warrant,  containing  a  list  of  the  lots  or 
parts  of  the  lots  subject  to  a  special  tax,  as  aforesaid,  with  the  amount  of 
such  assessment  against  each  owner,  for  their  collection,  taking  his 
receipt,  and  charging  him  with  the  amount  thereof,  and  the  collector  shall 
proceed  to  collect  the  same  by  calling  upon  and  demanding  the  amounts 
due  of  the  owners  or  agents  of  the  said  real  estate,  respectively,  if  they 
can  be  found  in  the  city. 

§  4.  If  the  said  special  taxes  remain  unpaid  for  twenty  days  after  the 
receipt  of  the  said  warrant  and  list  by  the  collector,  it  shall  be  his  duty  to 
publish  an  advertisement  in  the  newspaper  employed  by  the  city  for 
publishing  the  ordinances,  at  least  thirty  days  previous  to  the  first 
succeeding  term  of  the  county  court  of  St.  Clair  county,  which  advertise¬ 
ment  shall  contain  a  correct  description  of  the  delinquent  lands  or  lots  on 
which  the  special  tax  remains  unpaid,  and  the  amount  of  said  special  tax, 
and  the  collector  shall  at  the  foot  of  said  delinquent  list  give  notice  that 
he  will  apply  to  the  county  court  of  St.  Clair  county  for  a  judgment 
against  said  lands  and  lots  for  the  special  taxes  due  thereon,  and  for  an  order 
to  sell  said  lands  and  lots  for  the  satisfaction  thereof.  Said  advertisement 
shall  also  contain  a  notice  that  the  collector  will,  on  the  second  Monday 
succeeding  the  first  Monday  of  the  term  of  the  county  court,  at  vffiich 
judgment  will  be  obtained  against  said  delinquent  lands  and  lots,  expose 
the  same  to  public  sale,  at  the  court  house,  between  the  hours  of  ten 
o’clock  a.  m.  and  six  o’clock  p.  m.  for  the  amount  of  the  special  taxes  and 
costs  due  thereon. 

§  5.  The  collector  shall,  at  least  five  days  before  the  commencement  of 
the  term  of  court,  at  which  judgment  is  to  be  obtained,  file  a  copy  of  the 
advertisement  or  delinquent  list,  published  as  aforesaid,  with  the  county 
clerk,  and  also  one  with  the  city  register,  and  these  shall  then  be  deemed 
and  taken  to  be  sufficient  and  legal  notice  both  of  the  intended  application 
to  the  county  court  for  judgment  and  also  for  the  sale  of  lands  and  lots 
under  the  order  of  said  court. 

§  6.  The  county  court  shall  proceed  according  to  the  State  laws  in 
relation  to  the  collection  of  State  and  county  taxes ;  the  court  shall  hear 


CITY  OF  BELLEVILLE. 


149 


and  determine  said  application,  and  render  judgment  against  the  delin¬ 
quent  lands  and  lots  in  the  same  manner;  and  said  judgment  shall  have 
the  same  effect  as  though  said  delinquent  list  had  been  returned  to  the 
county  court  by  the  sheriff  or  collector  of  the  county  in  the  collection  of 
State  and  county  taxes ;  and  the  county  court  shall  issue  its  precept  or 
order  to  the  collector  of  the  city,  directing  him  to  sell  said  lands  and  lots 
at  public  auction,  to  pay  said  delinquent  special  taxes  and  costs. 

§  7.  On  the  first  day  of  the  term,  at  which  judgment  against  the 
delinquent  lots  and  lands  is  prayed,  it  shall  be  the  duty  of  the  collector  to 
file  an  affidavit,  which  shall  be  attached  to  the  delinquent  list,  and  which 
shall  be,  as  nearly  as  may  be,  in  the  following  form  : 

I - ,  collector  of  the  city  of  Belleville,  do  solemnly  swear  that  the 

foregoing  is  a  true  and  correct  list  of  delinquent  lands  and  lots  in  the  city 
of  Belleville,  upon  which  I  have  been  unable  to  collect  the  special  taxes, 
as  required  by  ordinance  No.  — ,  and  that  said  special  taxes  or  assessments 
now  remain  due  and  unpaid,  to  the  best  of  my  knowledge  and  belief. 

Said  affidavit  shall  be  taken  as  prima  facie  evidence  of  the  truth  of  the 
statements  therein  contained ;  dnd,  if  there  shall  be  no  proof  to  the 
contrary,  the  court  shall  render  judgments  against  said  lands  and  lots. 

§  8.  On  the  day  and  at  the  place  designated  in  his  notice,  the  collector 
shall  proceed  to  sell  the  lots  and  lands,  or  so  much  thereof  as  will  pay  the 
special  taxes  and  costs  severally  assessed  thereon.  All  sales  shall  be 
conducted,  as  prescribed  by  State  law,  if  not  otherwise  determined  by 
ordinance.  The  sale  shall  be  made  for  the  smallest  portion  of  ground,  to 
be  taken  from  the  east  side  of  the  premises,  for  which  any  person  will 
take  the  same,  and  will  pay  the  special  tax  and  costs  thereon.  Duplicate 
certificates  of  sale  shall  be  made  out  and  subscribed  by  the  register  and 
collector,  one  of  which  shall  be  delivered  to  the  purchaser,  and  the  other 
filed  in  the  office  of  the  register.  The  collector  shall  be  allowed  the  same 
fees  for  selling  as  are  allowed  by  State  law  for  similar  services.  The 
register  shall  keep  a  record  of  such  sales,  which  shall  be  open  to  public 
inspection  at  all  seasonable  times. 

§  9.  The  real  estate  sold  for  special  tax  or  assessment  may  be  redeemed 
by  the  owner,  his  heirs,  creditors  or  assigns,  at  any  time  within  two  years 
from  the  day  of  sale,  on  the  payment  in  specie  of  the  amount  for  which  it 
was  sold,  with  interest  at  the  rate  of  ten  per  cent,  per  annum  thereon,  and 
all  taxes  accruing  subsequent  to  the  sale,  with  ten  per  cent,  interest  thereon. 
If  the  real  estate  of  any  infant,  feme  covert ,  or  lunatic,  is  sold  under  this 
ordinance,  the  same  may  be  redeemed  at  any  time  within  one  year  after 
such  disability  is  removed. 


150 


ORDINANCES  OF  THE 


§  10.  The  money  paid  at  redemption  may  be  paid  to  the  purchaser,  or 
for  him  to  the  city  register,  who  shall  make  a  special  deposit  thereof  with 
the  treasurer.  If  not  redeemed  according  to  law,  the  city  council  shall, 
upon  the  return  of  the  certificate  of  sale,  or  of  proof  of  its  loss,  direct  a 
deed  to  be  executed  to  the  purchaser,  under  the  corporate  seal,  signed  by 
the  mayor  or  presiding  officer  of  the  city  council,  and  countersigned  by 
the  register,  conveying  to  such  purchaser  the  premises  so  sold  and  unre¬ 
deemed  as  aforesaid.  An  abstract  of  all  deeds  so  made  and  delivered  shall 
be  entered  by  the  register  in  the  book  wherein  special  tax  sales  are  recorded. 
A  fee  of  one  dollar  may  be  charged  by  the  register  for  any  deed  so  issued. 

§  11.  The  assignee  of  any  certificate  of  sale  of  any  premises  so  sold  for 
special  taxes  or  assessments  under  authority  of  the  city,  shall  be  entitled  to 
receive  a  deed  of  such  premises,  in  his  own  name,  and  with  the  same  effect 
as  though  he  had  been  the  original  purchaser. 

§  12.  If  at  any  sale  for  special  taxes  or  assessments,  no  bid  shall  be 
made  for  any  parcel  of  land,  the  same  shall  be  struck  off  to  the  city,  and 
thereupon  the  city  shall  receive,  in  the  corporate  name,  a  certificate  of  the 
sale  thereof,  and  shall  be  vested  with  the  'same  rights  as  other  purchasers 
at  such  sales. 

§  13.  This  ordinance  shall  not  be  so  construed  as  depriving  the  city  of 
any  other  collateral  rights  and  remedies  for  the  collection  of  special  taxes 
or  assessments  against  the  owners  of  property  ;  but  the  city  may  proceed 
against  the  owner,  either  for  the  penalty  named  in  the  respective  ordi¬ 
nances,  or  institute  an  action  of  debt  or  assumpsit  against  him,  as  for 
money  paid  out  and  expended  to  the  owners  use  at  his  request. 

No.  XLIII. 

Sidewalks  and  pavements — Ordinance  relating  to  sidewalks  and  pavements. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
The  owners,  occupants  or  lessees,  for  a  term  of  years  in  front  of,  adjoining 
or  upon  whose  premises  the  city  council  shall  order  and  direct  by  ordi¬ 
nance  or  resolution,  sidewalks  or  pavements  to  be  constructed,  graded, 
repaired,  relaid  or  cleansed,  or  shall  declare  any  such  premises  or  lots  to  be 
nuisances,  and  order  the  same  to  be  graded,  filled  up,  cleaned,  drained  or 
otherwise  to  be  improved,  shall  comply  with  such  ordinance  or  resolution, 
and  construct,  grade,  repair,  relay  and  cleanse  such  sidewalk  or  grade,  fill 
up,  clean  and  drain,  or  otherwise  improve  said  premises  at  their  own  cost 
and  charges,  within  the  time,  and  in  the  manner  specified  in  said  ordinance 
or  resolution.  In  case  of  non-compliance  with  said  ordinance  or  resolu¬ 
tion,  they  shall  be  guilty  of  a  misdemeanor. 


CITY  OF  BELLEVILLE. 


151 


§  2.  If  the  said  work  is  not  clone  within  the  time,  and  in  the  manner 
prescribed,  the  city  council  may  also  cause  the  said  sidewalks  to  be  con¬ 
structed,  graded,  repaired,  relaid  or  cleansed,  or  such  premises  graded,  filled 
up,  cleansed  or  drained,  or  otherwise  improved,  and  assess  the  expense 
thereof,  by  an  order,  to  be  entered  in  their  proceedings,  upon  the  lots  and 
lands  respectively,  and  collect  the  same  by  warrant  and  sale  of  premises, 
as  in  the  case  of  special  tax  and  assessment.  A  suit  may  also  be  brought 
by  the  city  against  the  owner  or  occupant  of  such  premises,  for  the  recovery 
of  such  expenses  as  for  money  paid  and  laid  out  to  his  use  and  at  his 
request. 

§  3.  All  sidewalks  shall  be  ten  feet  and  four  inches  wide,  including  the 
curbstone,  and  on  a  level  with  the  established  grades  of  the  streets  :  Pro¬ 
vided,  that  sidewalks  in  streets  or  roads  which  are  less  than  forty-nine  feet 
in  width  shall  be  eight  feet  wide ;  no  cellar  door  shall  be  built  above  the 
level  of  the  pavement,  and  no  step  or  steps  into  any  house  or  building 
shall  extend  on  the  sidewalk  more  than  two  feet,  nor  shall  any  person 
make  or  cause  to  be  made  any  appurtenances  attached  to  any  building,  or 
any  awming  less  than  eight  feet  above  the  pavement ;  nor  shall  any  passage 
from  a  cellar  extend  more  than  two  feet  upon  the  pavement,  or  sidewalk, 
and  in  such  case  the  person  making  or  causing  to  be  made  such  passage 
shall  erect  a  railing  on  the  side  of  the  same  towards  the  street  to  prevent 
persons  from  falling  in  the  same. 

§  4.  Any  person  who  shall  make  a  sidewalk  or  pavement  of  a  less 
width  than  is  above  required,  or  shall  make  or  cause  to  be  made  cellar 
doors  higher  than  the  pavement,  or  shall  place  any  steps  or  obstructions 
on  the  sidewalks  extending  more  than  two  feet  on  the  same,  or  shall  make 
or  cause  to  be  made  any  appurtenance  tacked  to  a  building  extending  on 
the  sidewTalk  more  than  two  feet,  or  over  the  sidewalk,  and  less  than  eight 
feet  high,  or  shall  make  or  cause  to  be  made  a  passage  into  a  cellar  con¬ 
trary  to  the  provisions  of  the  first  section  of  this  ordinance,  shall  be  fined 
not  less  than  one  dollar  nor  more  than  twenty-five  dollars. 

§  5.  All  appurtenances  attached  to  buildings  and  extending  over  the 
pavements  or  sidewalks,  and  less  than  eight  feet  above  the  same,  are 
hereby  declared  a  nuisance;  and  it  shall  be  the  duty  of  the  owners  thereof 
to  remove  the  same ;  and  upon  their  neglect  to  remove  the  same  after 
notice  received,  the  street  inspector  shall  cause  them  to  be  removed. 

§  6.  Any  person  who  shall  continue  any  obstruction  mentioned  in  the 
above  section,  after  being  notified  by  the  street  inspector,  or  other  officer, 
to  remove  the  same,  shall  be  fined  one  dollar  for  every  day  he  continues 
the  same  after  such  notice. 


152 


ORDINANCES  OF  THE 


§  7.  Where  any  sidewalk  or  pavement,  or  cellar  door  on  the  same, 
within  the  city,  gets  out  of  repair  by  being  worn  out  or  torn  up  in  any 
way,  it  shall  be  the  duty  of  the  street  inspector,  with  the  advice  and  con¬ 
sent  of  the  mayor,  to  give  immediate  notice  to  the  owner  or  owners  of  the 
property  fronting  thereon,  to  repair  the  same  without  delay ;  and  any 
person  or  persons  neglecting  or  refusing  to  repair  the  same,  after  thirty 
days  having  expired  after  such  notice  being  given,  shall  be  fined  for  each 
and  every  day’s  refusal  or  neglect  the  sum  of  not  less  than  three,  nor  more 
than  ten,  dollars. 

§  8.  The  sidewalks  or  pavements  around  the  public  square  in  the  city 
of  Belleville,  shall  be  made  fourteen  feet  wide,  including  the  curb  stones, 
and  it  is  hereby  made  the  duty  of  the  street  inspector  to  have  the  curb 
stones  set  to  their  proper  grade,  if  the  owners  fronting  said  pavements  do 
not  comply  with  the  provision  of  this  section  within  ninety  days  from  its 
passage. 

No.  XLIV. 

Streets ,  street  inspector  and  alleys — Ordinance  relating  to  streets ,  street 

inspector  and  alleys. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville : 
All  grading  and  improvements  of  the  streets,  alleys  and  public  places 
within  the  city  of  Belleville,  shall  be  done  at  the  general  expense  of  the 
city,  and  paid  for  out  of  the  general  fund.  If  the  city  council  should 
deem  it  necessary  to  macadamize,  pave  or  otherwise  improve  any  street, 
alley  or  public  place,  the  same  shall  be  referred  to  the  committee  on  streets 
or  improvements,  or  to  any  other  appropriate  committee,  who  shall  exam¬ 
ine  into  the  proposed  improvements,  make  an  estimate  of  the  probable 
cost  thereof,  and  report  the  same  with  the  proper  specifications  to  the 
city  council  for  their  action. 

§  2.  On  the  first  Monday  in  May  in  each  year,  or  as  soon  thereafter  as 
may  be,  the  city  council  shall  appoint  a  suitable  person  as  street  inspector 
of  the  city  of  Belleville,  who  shall  be  qualified  and  commissioned  as  other 
city  officers,  and,  before  entering  upon  the  discharge  of  his  duties,  shall 
give  bond  to  the  city  in  such  sum,  and  with  such  securities,  as  the  city  council 
may  approve,  and  who  shall  hold  his  office  for  one  year,  or  until  his  suc¬ 
cessor  is  appointed  and  qualified. 

§  3.  It  shall  be  the  duty  of  the  street  inspector  to  superintend  and 
personally  supervise  all  local  improvements  in  the  city,  and  carry  into  effect 
all  orders  of  the  city  council  in  relation  thereto. 


CITY  OF  BELLEVILLE. 


153 


§  4.  It  shall  be  his  duty  to  superintend  and  supervise  the  opening  of 
streets  and  alleys,  and  the  grading,  improving  and  repairing  thereof,  and 
the  construction  and  repairing  of  bridges,  culverts  and  sewers;  to  order 
the  laying,  relaying  and  repairing  of  sidewalks;  to  give  notice  to  the 
owners  of  property  adjoining  such  sidewalks,  when  required,  and  upon 
the  failure  of  any  person  to  comply  with  such  notice  to  cause  the  same  to 
be  laid,  relaid  or  repaired,  and  apportion  the  cost  thereof  among  the  per¬ 
sons  or  lots  properly  chargeable  therewith,  and  deliver  the  amount  thereof 
to  the  city  register,  to  be  laid  before  the  city  council ;  to  make  plans  and 
estimates  of  any  work  ordered  in  relation  to  streets  and  alleys,  bridges, 
culverts  or  sewers ;  to  keep  full  and  accurate  accounts  and  records,  in 
appropriate  books,  of  all  appropriations  made  for  work  pertaining  to  his 
office,  and  of  all  disbursements  thereof,  specifying  to  whom  made,  and  on 
what  account. 

§  5.  The  street  inspector  shall  keep  a  record  of  all  the  working  tools, 
and  other  property  in  his  possession,  belonging  to  the  city,  and  be  respon¬ 
sible  for  the  same,  and  shall  deliver  up  to  his  successor  in  office  such 
record,  tools,  and  all  other  property  or  things,  and  shall  receive  therefor  a 
receipt  from  such  successor,  which  shall  be  filed  by  the  city  register. 

§  6.  The  street  inspector  shall  cause  to  be  removed,  under  the  ordinances 
of  the  city,  all  nuisances  which  may  be  found  in  any  street,  alley,  or  any 
sidewalk,  or  pavement,  or  public  ground,  when  the  person  liable  for  the 
same  cannot  be  found  before  said  removal,  but  if  the  individual  liable,  as 
aforesaid,  shall  be  known,  it  shall  be  the  duty  of  the  street  inspector  to 
notify  said  individual  to  remove  the  same  without  delay ;  and  upon  his 
failure  to  do  so,  the  street  inspector  shall  cause  the  same  to  be  removed, 
and  twice  the  costs  of  such  removal  shall  be  recoverable  of  the  person 
liable,  by  an  action  of  debt,  to  be  brought  by  the  street  inspector,  or  any 
other  city  officer. 

§  7.  It  shall  be  the  duty  of  the  street  inspector  to  cause  to  be  carried 
into  effect  all  ordinances  of  the  city  concerning  streets,  alleys,  sidewalks, 
and  other  public  places,  or  the  preventing  and  removing  of  all  nuisances  and 
obstructions  therefrom. 

§  8.  The  street  inspector  shall,  in  every  month,  make  out  and  lay  before 
the  city  council,  at  every  regular  meeting  thereof,  a  full  statement  and 
detailed  account  of  all  work  and  expenses  made  by  him,  or  under  his  direc¬ 
tion,  for  the  previous  month  or  months,  and  also  specify  how  much  of 
such  work  and  expenses  were  made  in  and  for  the  different  wards  of  the 
city. 

§  9.  All  reports  and  accounts  that  come  through  the  street  inspector, 


154 


ORDINANCES  OF  THE 


before  being  allowed  or  passed  upon  by  the  city  council,  shall  be  certified 
to  by  him  under  his  oath  and  name. 

No.  XLY. 

Seal — An  Ordinance  relating  to  the  Seal  of  the  City  of  Belleville. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
That  a  seal  in  a  circular  form,  with  the  words  “  Seal  of  the  City  of  Belle¬ 
ville,  Illinois,”  in  the  exterior  circle,  and  the  figure  of  an  eagle  in  the  middle 
of  the  said  seal,  shall  be  and  is  hereby  declared  to  be  the  seal  of  the  city 
of  Belleville,  to  be  had  and  used  in  all  cases  that  have  been,  or  shall  here¬ 
after  be,  provided  by  the  laws  of  the  United  States,  the  laws  of  the  several 
respective  states  of  the  United  States,  and  the  ordinances  of  the  city  of 
Belleville,  and  in  all  other  cases  in  which,  by  the  laws  and  customs  of  na¬ 
tions,  it  is  necessary  to  use  a  seal  by  a  corporation. 

No.  XLYI. 

Watchmen — Ordinance  relating  to  Watchmen  of  the  City. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
That  the  mayor  is  hereby  authorized  to  commission  any  private  night 
watch,  paid  and  employed  by  residents  or  property  holders  of  the 
city  of  Belleville ;  Provided,  howrever,  that  said  watchmen  shall  be  resi¬ 
dents  of  said  city,  and  that  the  mayor  be  satisfied  of  their  being  of  good 
character. 

§  2.  Said  watchmen  shall  have  power  to  arrest  all  and  any  person  in  the 
city,  found  in  the  act  of  violating  any  law  or  ordinance,  or  aiding  or  abett¬ 
ing  in  any  such  violation,  and  shall  arrest  all  and  any  persons  found  under 
suspicious  circumstances,  and  who  cannot  give  a  good  account  of  them¬ 
selves,  and  shall  take  all  persons  so  arrested  to  the  county  jail,  or  such 
other  places  as  may  be  designated  by  ordinance. 

§  3.  Each  watchman,  upon  receiving  his  commission,  is  required  to  take 
the  same  oath  as  the  city  marshal. 

§  4.  Any  person  who  shall  falsely  represent  any  of  the  members  of  the 
night  police,  or  who  shall  maliciously,  or  with  intent  to  deceive,  use  or 
imitate  any  of  the  signs,  signals  or  devices  adopted  and  used  by  the  night 
watch,  shall  be  guilty  of  a  misdemeanor. 


CITY  OF  BELLEVILLE. 


155 


No.  XLVII. 

Wells  and  Cisterns  on  Sidewalks  —  Ordinance  relating  to  constructing 

Wells  and  Cisterns  on  Sidewalks. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville, 
Any  person  or  persons  wishing  to  dig  any  well  or  cistern  on  any  sidewalk 
or  pavement  in  the  city  of  Belleville,  for  his  own  convenience,  or  for  the 
benefit  of  the  public,  or  for  safety  in  case  of  fire,  shall  be,  and  are  hereby 
permitted  to  do  so  :  Provided ,  That,  in  so  doing,  said  well  or  cistern  shall 
be  so  constructed,  with  a  proper  pump,  that  it  shall  not  in  any  way  ob¬ 
struct  said  sidewalk  or  pavement,  and  that  it  be  submitted  to  the  street 
inspector  for  his  approval. 

§  2.  Any  person  or  persons  so  constructing  or  digging,  and  not  com¬ 
plying  with  the  provisions  of  this  ordinance,  shall  be  fined  in  a  sum  not 
exceeding  fifty  dollars. 

No.  XLVIII. 

Ordinance  relating  to  the  Revised  Ordinances. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Belleville , 
That  the  ordinances  of  the  city  of  Belleville  from  numbers  one  to  numbers 
forty-nine,  inclusive,  as  revised  and  adopted  by  the  city  council  of  Belleville 
on  the  third  day  of  March,  1862,  and  published,  in  book  form,  by  authority 
of  the  said  city  council,  are  hereby  enacted  and  declared  to  be  the 
ordinances  of  the  city  of  Belleville. 

§  2.  That  all  ordinances  of  a  general,  public  and  permanent  nature, 
heretofore  passed,  not  contained  in  the  volume  entitled  “  Revised  Ordi¬ 
nances  of  the  City  of  Belleville,”  of  1862,  and  conflicting  with  the  revised 
ordinances  of  1862,  be  and  the  same  are  hereby  repealed. 

§  3.  All  ordinances  of  a  private,  local,  or  temporary  nature,  now  in 
force  and  not  embraced  in  the  volume  of  revised  ordinances  of  1862,  shall 
continue  in  force  and  expire  according  to  their  respective  provisions  or 
limitations. 

§  4.  The  repeal  of  any  ordinance,  by  this  or  any  other  ordinance,  shall 
not  affect  any  act  done,  or  right  accrued  or  established  in  any  preceding 
action,  suit  or  prosecution,  or  other  thing  had  or  done  previous  to 
the  time  when  such  repeal  shall  take  effect;  but  every  such  act,  right 
and  proceeding  shall  remain  and  continue  as  valid  and  effectual  as  if  the 
provisions  of  such  ordinance  had  remained  in  force. 

§  5.  No  action,  prosecution,  suit  or  proceeding  pending  at  the  time  any 
ordinance  or  part  of  ordinance  shall  be  repealed,  shall  be  affected  in  any 


156 


ORDINANCES  OF  THE 


way  by  such  repeal,  but  any  such  action,  prosecution,  suit  or  proceeding 
shall  proceed  in  all  respects  as  if  such  ordinance  or  part  of  ordinance  had 
not  been  repealed. 

§  6.  All  ordinances  contained  in  the  volume  entitled  “  Revised  Ordi¬ 
nances  of  the  City  of  Belleville,”  of  1862,  shall  be  deemed  to  have  been 
passed  and  approved  on  the  same  day,  notwithstanding  they  may  have 
been  passed  and  approved  on  different  days  or  times. 

Approved,  March  3d,  1862. 

FRED.  H.  PIEPER,  City  Register. 
No.  XLIX. 

Certificate  of  Authentication. 

STATE  OF  ILLINOIS, 

CITY  OF  BELLEVILLE. 

We,  the  undersigned,  Mayor  and  Register  of  the  city  of  Belleville,  do 
hereby  certify  that  the  foregoing  are  true  and  authentic  copies  of  the 
Revised  Ordinances  of  the  city  of  Belleville,  as  the  same  were  revised  and 
adopted  by  the  city  council  of  the  city  of  Belleville,  on  the  3d  day  of 
March,  1862,  and  that  the  same  were  printed  and  published  by  the 
authority  of  the  said  city  council. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and 
affix  the  corporate  seal  of  the  city  of  Belleville,  this  3d 
day  of  March,  A.  D.  1862. 

HENRY  GOEDEKING,  Mayor. 
FRED.  H.  PIEPER,  City  Register. 


LIST  OF  OFFICERS 


1850. 

Mayor  :  THEOD.  J.  KRAFFT. 


Aldermen : 

1st  Ward — John  R.  Nolen.  4tli  Ward — David  W.  Hopkins. 

2d  “  Peter  Wilding.  (afterwards  Joseph  Kirkpatrick.) 

3d  “  Francis  Stoltz. 

(afterwards  Charles  Merck.) 

1851. 

Mayor:  EDWARD  ABEND. 

Aldermen : 

1st  Ward — John  R.  Nolen,  3d  Ward — Charles  Merck. 

(afterwards  John  Murray.)  4th  “  Joseph  Kirkpatrick. 

2d  Ward — Peter  Wilding, 

1852. 

Mayor  :  JOHN  W.  PULLIAM. 

Aldermen : 

1st  Ward — John  Murray.  3d  Ward — Charles  Merck. 

2d  “  Peter  Wilding.  4th  “  Joseph  Kirkpatrick. 

1853. 


Mayor  :  JOSEPH  B.  UNDERWOOD. 
Aldermen : 


1st  Ward — John  R.  Nolen.  3d  Ward — James  W.  Hughes. 

2d  “  Peter  Wilding.  4th  “  Joseph  Kirkpatrick, 

(afterwards  Edward  Tittman.)  (afterwards  Jas.  Affleck.) 

1854. 


Mayor  :  WM.  C.  DAVIS. 

1st  Ward — Phillip  Huff. 

John  R.  Nolen. 
2d  “  Francis  Stoltz. 

John  Klug.  * 


(Afterwards  JAMES  W.  HUGHES.) 

Aldermen : 

3d  Ward — James  W.  Hughes, 

(afterwards  John  Maus.) 
Anthony  Lobsinger. 

4th  Ward — James  Affleck. 


William  Erhardt. 


158 


LIST  OF  OFFICERS. 


1855. 

Mayor:  JAMES  W.  HUGHES. 
Aldermen : 


1st  Ward- 

—John  R.  Nolen. 

3d  Ward — Anthony  Lobsingk 

Philip  Huff. 

Simon  Eimer. 

2d  “ 

Francis  Stoltz. 

4th  “  James  Affleck. 

Thomas  Heberer. 

William  Erhardt. 

1856. 

1st  Ward — John  R.  Nolen. 
Philip  Huff. 

2d  “  Francis  Stoltz. 

Jacob  Lauffert. 


Mayor:  JAMES  W.  HUGHES. 

Aldermen : 

3d  Ward — Anthony  Lobsinger. 
Simon  Eimer. 

4th  “  James  Affleck. 

William  Eriiardt. 


1857. 

Mayor:  EDWARD  ABEND. 

Aldermen : 

1st  Ward — Louis  Rausciikolb.  3d  Ward — Peter  Lill. 

Frederick  H.  Pieper.  Anthony  Lobsinger, 

2d  “  Baruch  Kanman,  (afterwards  John  Friedman.) 

Francis  Stoltz,  4th  Ward — James  Affleck. 

(afterwards  John  Gundlach.)  Rudolph  Willman. 

1858. 

Mayor:  EDWARD  ABEND. 

Aldermen : 

1st  Ward — Frederick  H.  Pieper.  3d  Ward — Henry  Brua. 

Lewis  Rauschkolb.  Peter  Lill. 

2d  “  Frederick  Moehlman.  4th  “  James  Affleck. 

Baruch  Kanman.  Rudolph  Willman. 


1859. 

Mayor:  PETER  WILDING. 

Aldermen : 

1st  Ward — Lewis  Rausciikolb.  3d  Ward — Henry  Brua, 

Adam  Aulbach.  (afterwards  Simon  Eimer. 

2d  “  Frederick  Moehlman,  4th  “  John  Bieser. 

J.  Frederick  Baumann.  Rudolf  Willman. 

3d  “  Anthony  Lobsinger, 

(afterwards  Peter  Lill). 


LIST  OF  OFFICERS. 


159 


1S60. 

Mayor  :  PETER  WILDING.  (Afterwards  FREDERICK  H.  PIEPER.) 

Aldermen : 

1st  Ward — Adam  Aulbach.  3d  Ward — Peter  Lill. 

Lewis  Rauschkolb.  4th  “  William  Jansen. 

2d  “  Jacob  Stitzelberger.  John  Bieser, 

G.  Frederick  Baumann,  (afterwards  Charles  Dolich.) 

3d  “  Simon  Eimer, 

(afterwards  John  Freidman.) 

1861. 

Mayor:  HENRY  GOEDEKING. 

Aldermen : 

1st  Ward — Adam  Aulbach.  3d  Ward — Peter  Lill. 

Lewis  Rauschkolb.  John  Freidman. 

2d  “  Jacob  Stitzelberger.  4th  “  William  Jansen. 

G.  Frederick  Baumann.  Jacob  Brosius. 


AN  ACT 


TO  INCORPORATE  THE  CITY  OF  SPRINGFIELD. 


ARTICLE  I. 

Boundaries  and  general  powers. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  repre¬ 
sented  in  the  General  Assembly ,  That  the  inhabitants  of  the  town  of 
Springfield,  in  the  county  of  Sangamon,  and  the  State  of  Illinois,  be  and 
they  are  hereby  constituted  a  body  politic  and  corporate,  by  the  name  and 
style  of  the  city  of  Springfield,  and  by  that  name  shall  have  perpetual 
succession,  and  may  have  and  use  a  common  seal,  which  they  may  change 
and  alter  at  pleasure. 

§  2.  All  that  district  of  country  enclosed  within  the  following  bounda¬ 
ries,  to-wit :  Being  in  Sangamon  county  and  State  of  Illinois,  one  mile 
square ;  the  State  House  is  [being]  the  centre  of  [said  city  of  Springfield.] 

§  3.  The  president  and  board  of  trustees  of  the  town  of  Springfield,  shall 
on  or  before  the  first  day  of  March  next,  or  as  soon  thereafter  as  practi¬ 
cable,  divide  the  said  city  of  Springfield,  into  four  wards,  as  nearly  in 
population  as  practicable,  particularly  describing  the  boundaries  of  each. 

§  4.  Whenever  any  tract  of  land  adjoining  the  city  of  Springfield  shall 
or  may  have  been  laid  off  into  town  lots  and  duly  recorded  as  required  by 
law,  the  same  shall  be  annexed  to  and  form  a  part  of  the  city  of  Springfield. 

§  5.  The  inhabitants  of  said  city,  by  the  name  and  style  aforesaid,  shall 
have  power  to  sue  and  be  sued,  to  implead  and  be  impleaded,  defend  and 
be  defended  in  all  courts  of  law  and  equity,  and  in  all  actions  whatever. 
To  purchase,  receive  and  hold  property,  real  and  personal,  beyond  the  city, 
for  burial  grounds,  as  for  other  public  purposes,  for  the  use  of  the  inhabi¬ 
tants  of  said  city.  To  sell,  lease,  convey  or  dispose  of  property,  real  and 
personal,  for  the  benefit  of  the  city,  and  to  improve  and  protect  such 
property,  and  to  do  all  other  things  in  relation  thereto  as  natural  persons. 


CHARTER  OF  SPRINGFIELD. 


161 


ARTICLE  II. 

Of  the  city  council. 

Section  1.  There  shall  be  a  city  council,  to  consist  of  a  mayor  and 
board  of  aldermen. 

§  2.  The  board  of  aldermen  shall  consist  of  one  member  from  each 
ward,  to  be  chosen  by  the  qualified  voters  for  two  years. 

§  3.  No  person  shall  be  an  alderman  unless  at  the  time  of  his  election 
he  shall  have  resided  six  months  within  the  limits  of  the  city,  and  shall 
be  at  the  time  of  his  election  a  bona  fie  free  holder  in  said  city,  and 
twenty-one  years  of  age,  and  a  citizen  of  the  United  States. 

§  4.  If  any  alderman  shall,  after  his  election,  remove  from  the  ward 
for  which  he  is  elected,  or  cease  to  be  a  free  holder  in  said  city,  his  office 
shall  thereby  be  vacated. 

§  5.  At  the  first  meeting  of  the  city  council  the  aldermen  shall  be 
divided  by  lot  into  two  classes,  the  seats  of  those  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  first  year,  and  of  the  second  class  at  the 
expiration  of  the  second  year,  so  that  one-half  of  the  board  shall  be  elected 
annually. 

§  6.  The  city  council  shall  judge  of  the  qualifications,  elections,  and 
returns  of  their  own  members,  and  shall  determine  all  contested  elections. 

§  7.  A  majority  of  the  city  council  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  absent  members  under  such  penalties  as  may  be  pre¬ 
scribed  by  ordinance. 

§  8.  The  city  council  shall  have  power  to  determine  the  rule  of  its  pro¬ 
ceedings,  punish  its  members  for  disorderly  conduct,  and  with  the  concur¬ 
rence  of  two-thirds  of  the  members  elected,  expel  a  member. 

§  9.  The  city  council  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time,  publish  the  same,  and  the  yeas  and  nays  when  demanded  by 
any  member  present,  shall  be  entered  on  the  journal. 

§  10.  No  alderman  shall  be  appointed  to  any  office  under  the  authority 
of  the  city,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  the  time  for  which  he  shall  have  been 
elected. 

§  11.  All  vacancies  that  shall  occur  in  the  board  of  aldermen  shall  be 
filled  by  election. 

§  12.  The  mayor  and  each  alderman,  entering  upon  the  duties  of  their 
office,  shall  take  and  subscribe  an  oath  “That  they  will  support  the  con¬ 
stitution  of  the  United  States,  and  of  this  State,  and  that  they  will  well 

11 


162 


CHARTER  OF  SPRINGFIELD. 


and  truly  perform  the  duties  of  tlieir  office  to  the  best  of  their  skill  and 
abilities.” 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of  aldermen,  the 
judges  of  election  shall  certify  the  same  to  the  mayor,  who  shall  determine 
by  lot  in  such  manner  as  shall  be  provided  by  ordinance. 

§  14.  There  shall  be  twelve  stated  meetings  of  the  city  council  in  each 
year,  and  at  such  times  and  places  as  may  be  prescribed  by  ordinance. 

ARTICLE  III. 

Of  the  chief  executive  officers. 

Section  1.  The  chief  executive  officer  of  the  city  shall  be  a  mayor,  who 
shall  be  elected  by  the  qualified  voters  of  the  city,  and  shall  hold  his  office 
for  one  year,  and  until  his  successor  shall  be  elected  and  qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  mayor,  who  shall  not 
have  been  a  resident  of  the  city  for  one  year  next  preceding  his  election, 
or  who  shall  be  under  twenty-one  years  of  age,  or  who  shall  not  at  the 
time  of  his  election  be  a  bona  fide  freeholder  in  said  city,  and  a  citizen  of 
the  United  States. 

§  3.  If  any  mayor  shall,  during  the  time  for  which  he  shall  have  been 
elected,  remove  from  the  city,  or  shall  cease  to  be  a  freeholder  in  said  city, 
his  office  shall  be  vacated. 

§  4.  When  two  or  more  persons  shall  have  an  equal  number  of  votes 
for  mayor,  the  judges  of  election  shall  certify  the  same  to  the  city  council, 
who  shall  proceed  to  determine  the  same  by  lot  in  such  manner  as  may  be 
provided  for  by  ordinance. 

§  5.  Whenever  an  election  of  mayor  shall  be  contested,  the  city  council 
shall  determine  the  same  in  such  manner  as  may  be  provided  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office  of  mayor,  it  shall 
be  filled  by  election. 


ARTICLE  IV. 

Of  Elections. 

Section  1.  On  the  third  Monday  of  April  next,  an  election  shall  be  held 
in  each  ward  of  said  city,  for  one  mayor  for  the  city,  one  alderman  from 
each  ward,  and  forever  thereafter,  on  the  third  Monday  of  April  after,  each 
year  there  shall  be  an  election  held  for  one  mayor  for  the  city,  and  two 
aldermen  from  two  of  the  wards ;  the  first  election  held  for  mayor  and 
aldermen  shall  be  held,  conducted,  and  returns  thereof  [made]  as  may  be 
provided  by  ordinance  of  the  present  trustees  of  the  town  of  Springfield. 


CHARTER  OF  SPRINGFIELD. 


163 


§  2.  All  free  white  male  inhabitants,  citizens  of  the  United  States,  of 
the  age  of  twenty-one  years,  who  are  entitled  to  vote  for  State  officers,  and 
who  shall  have  been  actual  residents  of  said  city  six  months  next  preceding 
said  election,  shall  be  entitled  to  vote  for  city  officers :  Provided ,  that  the 
said  voters  shall  give  their  votes  for  mayor  and  aldermen  in  wards  in  which 
they  respectively  reside,  and  in  no  other;  and  that  no  vote  shall  be 
received,  at  any  of  said  elections,  unless  the  person  offering  such  vote 
shall  have  been  au  actual  resident  of  the  ward,  where  the  same  is  offered, 
at  least  ten  days  next  preceding  such  election. 

ARTICLE  V. 

Of  the  legislative  powers  of  the  city  council. 

Section  1.  The  city  council  shall  have  power  and  authority  to  levy  and 
collect  taxes  upon  all  property,  real  and  personal,  within  the  city,  not 
exceeding  one  half  per  cent,  per  annum  upon  the  assessed  value  thereof, 
and  may  enforce  the  payment  of  the  same  in  any  manner  prescribed  by 
ordinance,  not  repugnant  to  the  constitution  of  the  United  States  and  of 
this  State. 

§  2.  The  city  council  shall  have  power  to  require  of  all  officers  appointed 
in  pursuance  of  this  charter,  bonds,  with  penalty  and  security,  for  the 
faithful  performance  of  their  respective  duties,  as  may  be  deemed 
expedient,  and  also  to  require  all  officers  appointed,  as  aforesaid,  to  take 
an  oath  for  the  faithful  performance  of  the  duties  of  their  respective  offices 
upon  entering  upon  the  discharge  of  the  same, 

§  3.  To  establish,  support  and  regulate  common  schools ;  to  borrow 
money  on  the  credit  of  the  city  :  Provided ,  that  no  sum  or  sums  of  money 
shall  be  borrowed  at  a  greater  interest  than  six  per  cent,  per  annum,  nor 
shall  the  interest  on  the  aggregate  of  all  the  sums  borrowed  and  outstanding 
ever  exceed  one-half  of  the  city  revenue  arising  for  taxes  assessed  on  real 
property  within  the  corporation. 

§  4.  To  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city  ;  to  make  quarantine  laws  for  that  purpose,  and 
enforce  the  same. 

.  §  5.  To  appropriate  and  provide  for  the  payment  of  the  debt  [and] 
expenses  of  the  city. 

§  6.  To  establish  hospitals,  and  make  regulations  for  the  government 
of  the  same. 

§  7.  To  make  regulations  to  secure  the  general  health  of  the  inhabi¬ 
tants  ;  to  declare  what  shall  be  a  nuisance,  and  to  prevent  and  remove  the 
same. 


164 


CHARTER  OF  SPRINGFIELD. 


§  8.  To  provide  the  city  with  water ;  to  dig  wells  and  erect  pumps  in 
the  streets  for  the  extinguishment  of  fires,  and  convenience  of  the 
inhabitants. 

§  9.  To  open,  alter,  widen,  extend,  establish,  grade,  pave  or  otherwise 
improve  and  keep  in  repair  streets,  avenues,  lanes  and  alleys. 

§  10.  To  establish,  erect  and  keep  in  repair  bridges. 

§  11.  To  divide  the  city  into  wards,  and  specify  the  boundaries  thereof, 
and  create  additional  wards,  as  the  occasion  may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting  lamp  posts. 

§  13.  To  establish,  support  and  regulate  night  watches. 

§  14.  To  erect  market  houses,  establish  markets  and  market  places,  and 
provide  for  the  government  and  regulation  thereof. 

§  15.  To  provide  for  erecting  all  needful  buildings  for  the  use  of  the 
city. 

§  16.  To  provide  for  enclosing,  improving,  and  regulating  all  public 
grounds  belonging  to  the  city. 

§  17.  To  license,  tax,  regulate  auctioneers,  merchants  and  retailers, 
grocers,  taverns,  ordinaries,  hawkers,  peddlers,  brokers,  pawn-brokers,  and 
money  changers. 

§  18.  To  license,  tax  and  regulate  hacking,  carriages,  wTagons,  carts  and 
drays,  and  fix  the  rates  to  be  charged  for  the  carriage  of  persons,  and  for 
the  wagonage,  cartage  and  drayage  of  property. 

§  19.  To  license  and  regulate  porters  and  fix  the  rates  of  porterage. 

§  20.  To  license  and  regulate  theatrical  and  other  exhibitions,  shows 
and  amusements. 

§  21.  To  tax,  restrain,  prohibit  and  suppress  tippling  houses,  dram 
shops,  gaming  houses,  bawdy  and  other  disorderly  houses. 

§  22.  To  provide  for  the  prevention  and  extinguishment  of  fires,  and  to 
organize  and  establish  fire  companies. 

§  23.  To  regulate  the  fixing  of  chimneys  and  the  flues  thereof,  and  stove 
pipes. 

§  24.  To  regulate  the  storage  of  gunpowder,  tar,  pitch,  rosin  and  other 
combustible  materials. 

§  25.  To  regulate  and  order  parapet  walls  and  partition  fences. 

§  26.  To  establish  standard  weights  and  measures,  and  regulate  the 

weights  and  measures  to  be  used  in  the  city,  in  all  other  cases  not  provided 

for  bv  law. 

•/ 

§  27.  To  provide  for  the  inspection  and  measuring  of  lumber  and 
other  building  materials  :  and  for  the  measurement  of  all  kinds  of  mechan¬ 
ical  works. 


CHARTER  OF  SPRINGFIELD. 


165 


§  28.  To  provide  for  the  inspection  and  weighing  of  hay,  lime,  and 
stone  coal,  the  measuring  of  charcoal,  firewood,  and  other  fuel,  to  be  sold 
or  used  within  the  city. 

§  29.  To  provide  for  and  regulate  the  inspection  of  tobacco,  and  of  beef, 
pork,  flour,  meal,  and  whisky  in  barrels. 

§  30.  To  regulate  the  weight,  quality  and  price  of  bread  sold  and  used 
in  the  city. 

§  31.  To  provide  for  taking  the  enumeration  of  the  inhabitants  of  the 
city. 

§  32.  To  regulate  the  election  of  city  officers,  and  to  provide  for  re¬ 
moving  from  office  any  person  holding  an  office  created  by  ordinance. 

§  33.  To  fix  the  compensation  of  all  city  officers,  and  regulate  the  fees 
of  jurors,  witnesses  and  others,  for  services  rendered  under  this  act  or  any 
ordinance. 

§  34.  To  regulate  the  police  of  the  city,  to  impose  fines,  and  forfeitures, 
and  penalties  for  the  breach  of  any  ordinance,  and  provide  for  the  recov¬ 
ery  and  appropriation  of  such  fines  and  forfeitures,  and  the  enforcement  of 
such  penalties. 

§  35.  The  city  council  shall  have  exclusive  power  within  the  city,  by 
ordinance,  to  license,  regulate,  and  suppress  and  restrain  billiard  tables, 
and  from  one  to  twenty  pin  alleys,  and  every  other  description  of  gaming 
ortgambling. 

§  36.  The  city  council  shall  have  power  to  make  all  ordinances  which 
shall  be  necessary  and  proper  for  carrying  into  execution  the  powers 
specified  in  this  act,  so  that  such  ordinance  be  not  repugnant  to,  nor  incon¬ 
sistent  with,  the  eonsitution  of  the  United  States,  or  of  this  state. 

§  3*7.  The  style  of  the  ordinances  of  the  city  shall  be  :  “Be  it  ordained 
by  the  city  council  of  the  city  of  Springfield.” 

§  38.  All  ordinances  passed  by  the  city  council  shall,  within  one  month 
after  they  shall  have  been  passed,  be  published  in  some  newspaper  pub¬ 
lished  in  the  city,  and  shall  not  be  in  force  until  they  shall  have  been  pub- 
fished  as  aforesaid. 

§  39.  All  ordinances  of  this  city  may  be  proven  by  the  seal  of  the  cor¬ 
poration,  and  when  printed  and  published  by  authority  of  the  corporation, 
the  same  shall  be  received  in  evidence  in  all  courts  and  places  without 
further  proof. 

ARTICLE  VI. 

Of  the  Mayor. 

Section  1.  The  mayor  shall  preside  at  all  meetings  of  the  city  council, 
and  shall  have  a  casting  vote  and  no  other.  In  case  of  non-attendance  of 


166 


CHARTER  OF  SPRINGFIELD. 


the  mayor  at  any  meeting,  the  board  of  aldermen  shall  appoint  one  of 
their  own  members  chairman,  who  shall  preside  at  that  meeting. 

§  2.  The  mayor  or  any  two  aldermen  may  call  special  meetings  of  the 
city  council. 

§  3.  The  mayor  shall,  at  all  times,  be  active  and  vigilant  in  enforcing 
the  laws  and  ordinances  for  the  government  of  said  city ;  he  shall  inspect 
the  conduct  of  all  subordinate  officers  of  said  city,  and  cause  negligence 
and  positive  violation  of  duty  to  be  prosecuted  and  punished ;  he  shall 
from  time  [to  time]  communicate  to  the  aldermen  such  information,  and 
recommend  all  such  measures,  as  in  his  opinion  may  tend  to  the  improve¬ 
ment  of  the  finances,  the  police,  the  health,  security,  comfort  and 
ornament  of  the  city. 

§  4.  He  is  hereby  authorized  to  call  on  any  male  inhabitant  of  said 
city  over  the  age  of  eighteen  years  to  aid  in  enforcing  the  laws  and  ordi¬ 
nances  ;  and  in  case  of  riot,  to  call  out  the  militia  to  aid  him  in  suppressing 
the  same,  or  in  carrying  into  effect  any  law  or  ordinance,  and  any  person 
who  shall  not  obey  such  call  shall  forfeit  to  the  said  city,  a  fine  not 
exceeding  five  dollars. 

§  5.  He  shall  have  power,  whenever  he  may  deem  it  necessary,  to 
require  of  any  of  the  officers  of  the  said  city  an  exhibit  of  his  books  and 
papers. 

§  6.  He  shall  have  power  to  execute  all  acts  that  may  be  required  of 
him  bv  any  ordinance  made  in  pursuance  of  this  act. 

§  7.  He  shall  be  commissioned  by  the  governor  as  a  justice  of  the 
peace  for  said  city  and  county,  and  as  such  shall  be  a  conservator  of  the 
peace  in  the  said  city  ;  and  shall  have  power  and  authority  to  administer 
oaths,  issue  writs  and  processes  under  the  seal  of  the  city,  to  take  deposi¬ 
tions,  the  acknowledgments  of  deeds,  mortgages,  and  all  other  instruments 
of  writing  and  certify  to  the  same  under  the  seal  of  the  city,  which  shall 
be  good  and  valid  in  law. 

§  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  arising  under  the 
ordinances  of  [the]  corporation,  and  concurrent  jurisdiction  with  all  justi¬ 
ces  of  the  peace  in  all  civil  and  criminal  cases  within  the  limits  of  the  city, 
arising  under  the  laws  of  the  State,  and  shall  receive  the  same  fees  and 
compensation  for  his  services  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be  vested  in  him  by 
ordinance  for  the  purpose  of  enforcing  the  health  and  quarantine  ordinan¬ 
ces  and  regulations  thereof,  and  he  shall  receive  for  his  services  such  salary 
as  shall  be  fixed  by  ordinance  of  the  city. 

§  8.  [10.]  In  case  the  mayor  shall,  at  any  time,  be  guilty  of  palpable 


CHARTER  OF  SPRINGFIELD. 


167 


omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty  of  oppression, 
mal-conduct,  or  partiality  in  the  discharge  of  the  duties  of  his  office,  he 
shall  be  liable  to  he  indicted  in  the  circuit  court  of  Sangamon  county, 
and,  on  conviction,  he  shall  be  fined  not  more  than  two  hundred  dollars  ; 
and  the  court  shall  have  power,  on  recommendation  of  the  jury,  to  add  to 
the  judgment  of  the  court,  that  he  he  removed  from  office. 

ARTICLE  VII. 

Proceedings  in  special  cases. 

Section  1.  When  it  shall  be  necessary  to  take  private  property,  for 
opening,  widening,  or  altering  any  public  streets,  lanes,  avenue,  or  alley? 
the  corporation  shall  make  a  just  compensation  therefor  to  the  person 
whose  property  is  so  taken  ;  and  if  the  amount  of  such  compensation 
cannot  be  agreed  upon,  the  mayor  shall  cause  the  same  to  be  ascertained 
by  a  jury  of  six  disinterested  freeholders  of  the  city. 

§  2.  When  the  owner  [s]  of  all  the  property  and  [on  any]  street,  lane, 
avenue,  alley,  proposed  to  be  opened,  widened  or  altered,  shall  petition 
therefor,  the  city  council  may  open,  widen,  or  alter  such  street,  lane,  ave¬ 
nue,  or  alley,  upon  condition  to  be  prescribed  by  ordinance,  but  no 
compensation  shall  in  such  case  be  made  to  those  whose  property  shall  be 
taken,  for  opening,  or  altering  such  street,  lane,  avenuS,  or  alley,  nor  shall 
there  be  any  assessment  of  benefits  or  damages  that  may  accrue  thereby 
to  any  of  the  petitioners. 

§  3.  All  persons  empannelled  to  enquire  into  the  amount  of  benefit  or 
damages  which  shall  happen  to  the  owners  of  property  proposed  to  be 
taken  for  opening,  widening,  or  altering  any  street,  lane,  avenue,  or  alley, 
shall  be  first  sworn  to  that .  effect,  and  shall  return  to  the  mayor  their 
inquest  in  writing,  and  signed  by  the  jurors. 

§  4.  In  ascertaining  the  amount  of  compensation  for  property  taken  for 
opening,  widening  or  altering  any  street,  lane,  avenue  or  alley,  the  jury 
shall  take  into  consideration  the  benefit  as  well  as  the  injury  happening  bv 
such  opening,  widening  or  altering  such  streets,  lanes,  avenues  or  alleys. 

§  5.  The  mayor  shall  have  power,  for  good  cause  shown  within  ten 
days  after  any  inquest  shall  have  been  returned  to  him,  as  aforesaid,  to  set 
the  same  aside,  and  order  a  new  inquest  to  be  made. 

§  6.  The  city  council  shall  have  power,  by  ordinance,  to  levy  and  collect 
a  special  tax  on  the  holders  of  the  lots  in  any  street,  lane,  avenue  or  alley, 
or  part  of  any  street,  lane,  avenue  or  alley,  according  to  their  respective 
fronts  owned  by  them,  for  the  purpose  of  paving  and  grading  the  side¬ 
walks,  and  lighting  such  streets,  lanes,  avenues  or  alleys. 


168 


CHARTER  OF  SPRINGFIELD. 


ARTICLE  VIII. 

Miscellaneous  Provisions. 

Section  1.  The  inhabitants  of  the  city  of  Springfield  are  hereby 
exempted  from  working  on  any  road  beyond  the  limits  of  the  city,  and 
from  paying  any  tax  to  procuTe  laborers  upon  the  same,  and  from  any  tax 
for  county  purposes  except  upon  real  estate  :  Provided ,  the  corporation 
shall  support  and  provide  for  all  the  resident  paupers  of  said  city,  and  pay 
the  expenses  of  the  circuit  court  in  all  criminal  cases  aiising  out  of  the 
offenses  of  any  citizen  of  said  city,  as  also  jail  fees  which  may  accrue 
therefrom,  viz :  boarding  and  lodging  of  criminals,  or  charges  that  may  be 
just  and  equitable. 

§  2.  The  city  council  shall  have  power  for  the  purpose  of  keeping  the 
streets,  lanes,  avenues  or  alleys  in  repair,  and  require  any  male  inhabitants 
in  said  city,  of  twenty-one  years  of  age,  to  labor  on  said  street,  lane, 
avenue  or  alleys,  not  exceeding  three  days  in  each  and  every  year ;  and 
any  person  failing  to  perform  such  labor,  when  duly  notified  by  the 
supervisor,  shall  forfeit  and  pay  not  to  exceed  one  dollar  per  day  for  each 
day  so  neglected  or  refused. 

§  3.  The  city  council  shall  have  power  to  provide  for  the  punishment 
of  offenders,  by  imprisonment  in  county  or  city  jail,  in  all  cases  when  such 
offenders  shall  fail  or  refuse  to  pay  the  fines  and  forfeitures  which  may  be 
recovered  against  them. 

§  4.  The  city  council  shall  cause  to  be  published,  annually,  a  full  and 
complete  statement  of  all  moneys  received  and  expended  by  the  corporation 
during  the  preceding  year,  and  on  what  account  received  and  expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the  president  and  trustees 
of  the  town  of  Springfield  shall  remain  in  force  until  the  same  shall  have 
been  repealed  by  the  city  council  hereby  created :  Provided ,  no  contract 
or  agreement  shall  be  affected  thereby. 

§  6.  All  suits,  actions  and  prosecutions  instituted,  commenced  or 
brought  by  the  corporation  hereby  created,  shall  be  instituted,  commenced 
and  prosecuted  in  the  name  of  the  city  of  Springfield. 

§  7.  All  actions,  fines,  penalties  and  forfeitures,  which  have  accrued  to 
the  president  and  trustees  of  the  town  of  Springfield,  shall  be  vested  in? 
and  prosecuted  by,  the  corporation  hereby  created. 

§  8.  All  property,  real  and  personal,  heretofore  belonging  to  the 
president  and  trustees  of  the  town  of  Springfield  for  the  use  of  the  said 
inhabitants  of  said  town,  shall  be,  and  the  same  is  hereby  declared  to  be 
vested  in  the  corporation  hereby  created. 


CHARTER  OF  SPRINGFIELD. 


169 


§  9.  This  charter  shall  not  invalidate  any  act  done  by  the  president  and 
trustees  of  the  town  of  Springfield,  nor  divest  them  of  any  right  which  may 
have  accrued  to  them  prior  to  the  passage  of  this  act. 

§  10.  The  president  and  trustees  of  the  town  of  Springfield  shall, 
immediately  after  the  passage  of  this  law,  within  the  limits  of  the  city  of 
Springfield,  issue  their  proclamation  for  the  election  of  officers,  and  cause 
the  same  to  be  published  in  all  the  newspapers  in  said  city,  for  four  weeks 
in  succession  prior  to  the  day  of  election  for  said  officers. 

§  11.  Appeals  shall  be  allowed  from  the  decision  in  all  cases  arising 
under  the  provisions  of  this  act  or  any  ordinance  passed  in  pursuance 
thereof,  to  the  circuit  court  of  Sangamon  county,  and  every  such  appeal 
shall  be  taken  and  granted  in  the  same  manner  and  like  effect  as  appeals 
are  taken  from,  and  granted  by,  justices  of  the  peace  to  the  circuit  court 
under  the  law  of  this  State. 

§  12.  Whenever  the  mayor  shall  absent  himself  from  the  city,  or  shall 
resign,  or  die,  or  his  office  shall  otherwise  be  vacated,  the  board  of  aider- 
men  shall  immediately  proceed  to  elect  one  of  their  number  president, 
who  shall  be  the  mayor  y>ro  tern. 

§  13.  This  act  is  hereby  declared  to  be  a  public  act,  and  may  be  read 
in  evidence  in  all  courts  of  law  and  equity  in  this  State  without  proof. 

§  14.  All  acts  or  part  of  acts  coming  within  the  provisions  of  this 
charter,  or  contrary  to  or  inconsistent  with  its  provisions,  are  hereby 
repealed. 

§  15.  The  city  marshal,  or  any  other  officer  authorized  to  execute  writs 
or  other  process  issued  by  the  mayor,  shall  have  power  to  execute  the 
same  any  where  within  the  limits  of  the  county  of  Sangamon,  and  shall 
be  entitled  to  the  same  fees  for  traveling  as  are  allowed  to  constables  in 
similar  cases. 

§  16.  It  shall  be  the  duty  of  the  president  and  trustees  of  the  town  of 
Springfield,  immediately  after  the  passage  of  this  act,  to  cause  the  same 
to  be  published  two  weeks  in  succession  in  two  of  the  public  journals 
printed  in  said  town,  and  thereafter  give  notice  for  a  public  meeting  of  the 
legal  voters  of  said  town,  who  shall  have  been  resident  citizens  thereof  at 
least  six  months  preceding  said  meeting,  to  be  held  at  the  court  house  on 
the  first  Monday  of  April  next,  for  the  purpose  of  then  and  there  voting 
for  the  adoption  or  rejection  of  this  act.  The  majority  of  the  legal  voters 
there  present  shall  determine  the  adoption  or  rejection  of  the  same  :  Pro¬ 
vided.  that  at  any  subsequent  meeting,  like  notice  being  given  as  aforesaid, 
the  same  may  be  adopted  and  take  effect  immediately  thereafter. 

Approved  by  the  council,  Feb.  3,  1840. 


AN  ACT 


TO  INCORPORATE  TOWNS  AND  CITIES. 

- - 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre¬ 
sented  in  the  General  Assembly,  That  any  incorporated  town  or  city  in  this 
State  may  have  power  to  provide  by  ordinance  that  every  person  against 
whom  any  judgment  may  hereafter  be  recovered,  in  favor  of  said  town  or 
city,  for  a  penalty  or  fine  for  a  breach  of  any  ordinance,  instead  of  being 
committed  to  jail,  may  be  required  to  labor  on  the  streets  until  the  whole 
fine  and  costs  shall  be  paid,  at  the  same  rate  per  day  as  may  be  allowed 
as  a  forfeiture  for  a  failure  to  perform  street  labor  under  the  direction  of 
the  street  commissioner. 

§  2.  The  corporate  authorities  of  any  city  or  town  in  this  State  may 
have  power  to  declare  what  shall  be  a  nuisance,  and  to  prevent  and  remove 
the  same  as  much  as  one-half  mile  beyond  the  limits  of  the  corporation, 
with  full  power  to  impose  a  fine  for  a  violation  of  any  ordinance  to  that 
effect. 

§  3.  Whenever  it  may  be  necessary  to  pave  or  grade  any  street  or 
front  lots,  or  to  fill  up  or  alter  any  lot  that  may  be  declared  to  be  a  nuisance, 
said  corporate  authorities  may  have  power,  upon  the  failure  of  the  owner 
of  any  lot  to  pave,  grade  or  fill  up  said  lot,  or  to  pay  the  taxes  or  fine 
that  may  be  assessed  on  the  owner  or  owners  thereof,  to  require  that  said 
lot,  or  so  much  thereof  as  may  be  necessary,  shall  be  sold  for  the  payment 
of  the  tax  or  fine  and  cost,  in  the  manner  authorized  for  the  collection  of 
other  taxes,  and  all  assessments  so  made  shall  constitute  a  lien  on  said  lot. 

§  4.  The  corporate  authorities  of  all  towns  and  cities  incorporated 
under  chapter  twenty-five,  entitled  “corporations,”  of  the  revised  code,  or 
under  any  special  act,  shall  have  power  to  pass  all  the  ordinances  and 
by-laws,  and  possess  all  the  powers  authorized  under  the  laws  and  amend¬ 
atory  acts  incorporating  either  of  the  cities  of  Springfield  or  Quincy  :  Pro¬ 
vided,  that  towns  containing  a  population  of  less  than  fifteen  hundred 
white  inhabitants  shall  have  no  other  officers  or  allow  any  other  compen¬ 
sation  than  is  allowed  under  chapter  twenty-fifth  of  the  revised  code, 
unless  expressly  authorized  by  law. 

§  5.  The  inhabitants  of  any  town  containing  a  population  of  not  less 
than  fifteen  hundred  inhabitants  may  be  incorporated  by  the  name  and 

\ 


STATE  LAWS. 


171 


style  of  the  “city  of - ,”  when  a  majority  of  the  legal  voters  thereof 

shall  vote  in  favor  of  being  incorporated  as  a  city,  at  an  election  to  he 
held  at  the  court  house,  notice  being  given,  by  being  published  for  two 
weeks  in  succession  in  any  newspaper  published  in  said  town,  by  the 
president  and  trustees  of  said  town,  or  by  giving  such  notice  as  may  be 
prescribed  under  an  ordinance  passed  by  the  president  and  trustees  of 
said  town. 

§  6.  All  the  articles  and  provisions  in  either  of  the  acts  incorporating 
Quincy  or  Springfield,  prescribing  the  duties  of  the  president  and  trustees, 
ordering  an  election  of  city  officers,  prescribing  the  powers  of  the  city,  of 
the  city  council,  executive  officers,  elections,  legislative  powers  of  city 
council,  of  the  mayor,  proceedings  in  special  cases,  and  miscellaneous  pro¬ 
visions,  shall  be  the  rule  by  which  the  corporate  authorities  of  any  city 
incorporated  under  the  provisions  of  this  act  shall  be  governed  :  Provided , 
no  city  incorporated  under  this  act  shall  be  exempt  from  the  payment  of 
a  county  tax,  nor  be  required  to  support  the  paupers. 

§  7.  The  boundaries  of  any  city  incorporated  under  this  act  may  include 
one  mile  square,  and  any  tract  of  land  adjoining  laid  off  into  town  lots  and 
duly  recorded  as  required  by  law,  and  any  tract  of  land  adjoining  said  city, 
with  the  consent  of  the  owner  thereof,  within  the  limits  of  one-half  mile 
from  the  boundary  of  said  city. 

§  8.  The  inhabitants  of  any  town  or  city,  in  the  corporate  name,  may 
purchase,  receive,  and  hold  real  estate  beyond  the  limits  as  [of]  their 
corporate  limits  for  the  purpose  of  burying  grounds. 

§  9.  Whenever  the  corporate  authorities  of  any  town  or  city  may  wish 
to  have  the  taxes,  authorized  to  be  levied  under  and  by  virtue  of  their 
respective  charters,  or  under  the  general  act,  upon  filing  a  certificate  of 
the  rate  authorized  under  the  authority  of  the  said  corporation,  in  the  office 
of  the  clerk  of  the  county  court,  it  shall  be  the  duty  of  the  collector  of 
taxes  for  the  State  and  county,  to  collect  the  taxes  for  said  town  or  city, 
upon  the  assessment  of  the  value  of  all  the  property  within  the  limits  of 
said  corporation,  as  ascertained  by  the  assessment  for  State  and  county 
purposes,  and  enforce  the  payment  thereof  in  the  same  manner,  and  with 
all  the  rights,  power  and  authority  as  he  has  to  collect  State  and  county 
taxes,  and  shall  pay  the  same  over  to  the  order  of  the  corporate  authorities 
at  the  same  time  he  is  required  to  pay  over  the  county  revenue,  and  the 
court  of  the  proper  county  shall  render  judgment  and  order  sale  of  any 
lot  or  tract  for  the  non-payment  of  the  tax  and  cost  due  said  town  or  city, 
as  is  or  may  be  provided  for  State  and  county  taxes;  and  judgment  and 
sale  shall  be  rendered  for  the  aggregate  amount  due  for  county,  State  and 


172 


STATE  LAWS. 


town,  or  city  taxes.  The  collector  shall  receive  the  same  compensation 
for  collecting  the  taxes  for  any  town  or  city,  as  is  allowed  for  the  collection 
of  the  State  and  county  revenue ;  to  be  paid  out  of  the  funds  of  the  corpo¬ 
ration,  and  he  shall  be  liable  on  his  bond  for  the  faithful  performance  of 
the  duties  required  under  this  act. 

§  10.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  10,  1849. 


TOWN  ORDINANCE. 


m 


Election  for  City  Incorporation  of  the  town  of  Belleville. 

Inasmuch  as  the  town  of  Belleville  now  contains  nearly  four  thousand 
inhabitants,  notice  is  hereby  given,  that  an  election  will  be  held  at  the 
court  house  in  the  town  of  Belleville  on  Saturday  the  30th  day  of  March, 
A.  D.  1850,  between  8  a.  m.  and  G  p.  m.  for  and  against  City  Incorporation 
as  “the  city  of  Belleville,”  with  the  privileges  of  the  city  of  Springfield, 
in  accordance  with  the  act  entitled  “An  act  to  incorporate  towns  and  cities.’’ 

Approved  February  10th,  1849. 

Attest :  Henry  Schleth,  Clerk. 

FRANCIS  STOLTZ, 

President  of  Board  of  Trustees  of  the  town  of  Belleville . 

Belleville,  Illinois,  April  3d,  1850. 

At  a  meeting  of  the  President  and  Trustees  of  the  town  of  Belleville, 
the  clerk  delivered  the  Poll  Book  of  the  election  held  on  Saturday  the 
30th  of  March  last,  from  which  it  appears  that  of  the  number  of  201 
votes  cast,  there  were  given  185  for  the  city  charter,  and  against  the  same 
13  votes.  H.  Schleth,  Clerk. 


Belleville,  Illinois,  April  8th,  1850. 

Be  it  ordained  by  the  President  and  Trustees  of  the  town  of  Belleville , 
That,  Whereas  at  an  election  held  at  the  court  house  in  the  town  of 
Belleville  on  the  30th  day  of'  March  last,  a  majority  of  the  legal  voters, 
then  and  there  present,  have  declared  thenaselves  in  favor  of  the  incorpo¬ 
ration  of  the  town  of  Belleville  as  a  “City,”  with  the  privileges  of  the  city 
of  Springfield;  and  whereas,  the  charter  of  said  city  of  Springfield  requires 
that  the  town  of  Belleville,  for  the  purpose  of  election,  be  divided  into 
four  wards.  Now,  therefore,  in  conformity  with  the  requisitions  of  said 
charter  of  Springfield,  the  town  of  Belleville  shall  be  hereafter  and  is 
hereby  divided  into  four  wards,  the  boundaries  of  which  shall  be  as  follows, 
to- wit : 

1.  All  that  north-east  part  of  the  town  of  Belleville,  bounded  on  the 
west  by  Illinois  street  and  on  the  south  by  Main  street,  shall  constitute  the 
First  Ward. 

2.  All  that  north-west  part  of  the  town  of  Belleville,  bounded  on  the 
east  by  Illinois  street,  and  on  the  south  by  Main  street,  shall  constitute  the 
Second  Ward. 

3.  All  that  south-west  part  of  the  town  of  Belleville,  bounded  on  the 
east  by  Illinois  street,  and  on  the  north  by  Main  street,  shall  constitute  the 
Third  Ward. 


m 


STATE  LAWS. 


4.  All  that  south-east  part  of  the  town  of  Belleville,  bounded  on  the 
west  by  Illinois  street,  and  on  the  north  by  Main  street,  shall  constitute 
the  Fourth  Ward. 

Approved  April  8th,  1850.  H.  Schleth,  Clerk. 


SPECIAL  AND  GENERAL  LAWS  OF  THE  STATE  OF  ILLINOIS 

.  RELATING  TO 

The  City  of  Belleville  and  to  incorporated  Towns  and  Cities. 

An  act  to  legalize  the  incorporation  of  the  City  of  Belleville ,  and  the  official 

acts  of  the  City  Council  of  said  city ,  and  to  empower  said  city  to  borrow 

money  at  a  rate  of  interest  not  exceeding  ten  per  centum  per  annum. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly ,  That  the  incorporation  of  the  town  of  Belleville 
as  a  city,  on  the  thirteenth  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  fifty,  in  pursuance  of  the  fifth  section  of  an  act  entitled  “An 
act  to  incorporate  towns  and  cities,”  passed  February  10th,  1849,  be  and 
the  same  is  hereby  legalized. 

§  2.  That  all  the  official  acts  of  the  city  council  and  mayor,  or  either 
of  them,  of  said  corporation,  done  since  the  election  of  its  members,  and 
which,  in  case  of  the  original  legality  of  said  incorporation,  would  have 
been  according  to  law  up  to  the  period  when  this  act  shall  take  effect,  be 
and  the  same  are  hereby  legalized. 

§  3.  That  the  third  section  of  the  fifth  article  of  the  charter  of  said 
city  of  Belleville  be  so  amended  as  to  authorize  and  empower  said  city  of 
Belleville  to  borrow  money,  at  a  rate  of  interest  not  exceeding  ten  per 
centum  per  annum. 

§  4.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  13th,  1851. 


An  act  concerning  fines  and  forfeitures  within  the  limits  of  the  city  of 

Belleville. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,.  repre¬ 
sented  in  the  General  Assembly ,  That  hereafter  all  fines  and  forfeitures 
collected  for  penalties  incurred  within  the  incorporated  limits  of  the  city  of 
Belleville,  in  St.  Clair  county,  shall  be  paid  into  the  treasury  of  said  city 
by  the  officers  collecting  the  same. 


STATE  LAWS. 


175 


§  2.  The  provisions  of  the  preceding  section  shall  apply  to  and  be  in 
force  in  the  city  of  Chicago. 

§  3.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  1 7th,  1851. 


An  act  granting  additional  powers  to  the  city  of  Belleville. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois  repre¬ 
sented  in  the  General  Assembly ,  That  the  city  council  of  the  city  of 
Belleville,  shall  be,  and  they  are  hereby  authorized  for  the  purpose  of 
grading,  macadamizing,  and  planking  the  streets  of  the  city  of  Belleville, 
to  issue  their  bonds  bearing  interest  at  a  rate  not  exceeding  seven  per  cent, 
to  any  amount ;  the  interest  thereon  not  to  exceed  in  the  aggregate  one- 
half  of  the  city  revenue  arising  from  taxes  assessed  upon  real  estate  within 
the  incorporation  ;  Provided ,  That  no  bond  bearing  interest  shall  be 
issued  of  a  less  denomination  than  fifty  dollars ;  nor  shall  any  bond  be 
made  payable  at  a  greater  distance  of  time  than  five  years  from  the  date 
of  said  bond;  and  the  interest  thereon  to  be  paid  annually. 

§  2.  The  city  council  of  the  city  of  Belleville  shall  have  power  and 
authority  to  purchase,  erect,  maintain,  and  regulate,  and  otherwise  provide 
for  poor  houses,  work  houses,  and  houses  of  correction,  and  appoint  the 
necessary  officers  for  the  government  of  the  same. 

§  3.  That  whenever  a  work  house  shall  be  erected  and  organized  in 
accordance  with  the  provisions  of  section  two  of  this  act,  the  city  council 
of  the  city  of  Belleville  may,  by  ordinance,  provide  that  any  person  who 
shall  fail  or  neglect  to  pay  any  fine  or  cost  imposed  on  him;  or  her,  by 
ordinance  of  said  city  for  any  violation  or  breach  thereof  may,  instead  of 
being  committed  to  jail,  be  committed  to  the  work  house  until  such  fines 
and  costs  are  fully  paid ;  and  every  person  so  committed  to  the  work  house 
shall  be  required  to  work  for  the  city,  at  such  labors  as  his  or  her  health 
and  strength  will  permit,  within  or  without  said  work  house,  not  exceeding 
ten  hours  each  day,  Sundays  excepted  ;  and  for  such  work  and  labors  the 
person  so  employed  shall  be  allowed,  including  his  or  her  board,  seventy- 
five  cents  per  day  for  each  day’s  work,  which  amount  shall  go  toward 
paying  such  fine  and  cost. 

§  4.  The  city  marshal  may  serve  any  process  issued  under  and  by  virtue 
of  the  charter  and  ordinances  of  the  city  of  Belleville  at  any  place  within 
the  county  of  St.  Clair. 

§  5.  That  the  city  of  Belleville  in  adopting,  under  and  by  virtue  of  the 


176 


STATE  LAWS. 


act  to  incorporate  towns  and  cities,  approved  February  10th,  1849,  the 
charter  of  the  city  of  Springfield  adopted  the  original  charter,  entitled,  an 
act  to  incorporate  the  city  of  Springfield,  approved  February  3d,  1840. 
That  none  of  the  acts  amendatory  to  the  charter  of  the  city  of  Springfield 
shall  apply  to  or  be  considered  as  forming  any  part  of  the  charter  of  the 
city  of  Belleville.  That  said  city  of  Belleville  shall  hold  and  possess  all 
the  rights  and  powers  specified  in  said  original  charter,  and  such  as  are 
given  by  an  act  to  legalize  the  incorporation  of  the  city  of  Belleville  and 
the  official  acts  of  the  city  council  of  said  city,  and  to  empower  said  city 
to  borrow  money  at  a  rate  of  interest  not  exceeding  ten  per  cent,  per 
annum,  approved  February  13th,  1851.  Provided ,  the  same  do  not  conflict 
with  the  constitution  or  law  of  the  State  now  in  force. 

This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  10th,  1853. 


An  act  authorizing  the  city  of  Belleville  to  issue  bonds. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  repre¬ 
sented  in  the  General  Assembly ,  That  the  mayor  and  aldermen  of  the  city 
of  Belleville  shall  issue  bonds  from  time  to  time,  of  one  hundred  dollars 
each,  which,  in  all,  shall  not  exceed  fifty  thousand  dollars.'  Said  bonds 
shall  bear  an  interest  not  exceeding  ten  per  cent,  per  annum,  payable  on 
or  before  the  expiration  of  thirty  years  from  the  time  they  are  issued,  and 
be  signed  by  the  mayor  and  countersigned  by  the  secretary  or  clerk  of  the 
board  of  aldermen.  The  said  bonds  may  be  sold  in  any  market,  but  not 
below  par,  and  the  proceeds  of  the  sales  of  said  bonds  shall  be  appropriated 
by  said  board  to  improve  the  city  of  Belleville,  and  to  erect  a  market 
house  and  other  public  buildings  in  said  city. 

§  2.  The  taxes  that  may  hereafter  be  collected  in  the  city  of  Belleville, 
all  the  public  property  of  said  city,  and  the  faith  and  credit  of  said  city 
are  hereby  pledged  and  made  accountable  for  the  perpetual  payment  of 
said  bonds  and  the  interest  thereon,  which  interest  shall  be  paid  annually 
in  the  city  of  Belleville. 

§  3.  The  mayor  and  the  aldermen  of  the  city  of  Belleville  are  hereby 
authorized  and  empowered  to  purchase  and  to  hold  for  the  use  of  said  city 
a  lot  or  lots  of  ground  whereon  to  erect  a  market  house  and  other  public 
buildings  for  the  convenience  of  said  city. 

§  4.  This  act  shall  be  submitted  to  the  legal  voters  of  the  incorporated 
limits  of  the  city  of  Belleville,  at  the  next  election  for  mayor  and  aldermen, 


STATE  LAWS. 


177 


for  their  approval  or  rejection.  The  votes  shall  be  counted  as  in  other 
elections.  The  votes  given  for  or  against  this  act  shall  be  recorded  by  the 
board,  and,  if  a  majority  be  for  it,  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved,  February  10th,  1853. 


An  act  for  the  better  government  of  towns  and  cities  and  to  amend  the 

charters  thereof. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre¬ 
sented  in  the  General  Assembly ,  That  there  shall  be  established  in  each  of 
the  towns  and  cities  of  this  State,  inferior  courts  of  civil  and  criminal 
jurisdiction,  which  shall  be  called  police  magistrates’  courts. 

§  2.  That  there  shall  be  elected  in  each  of  the  incorporated  towns  and 
cities  of  this  State,  the  population  of  which  shall  not  exceed  six  thousand, 

an  officer,  who  shall  be  styled  police  magistrate  of  the  city  of - ,  or 

town  of - ,  as  the  case  may  be ;  in  each  city  of  this  State,  having  a 

population  of  over  six  thousand  and  not  exceeding  twelve  thousand,  there 
shall  be  elected  two  police  magistrates ;  and  in  the  cities  of  this  State, 
whose  population  shall  exceed  twelve  thousand,  there  shall  be  elected 
three  police  magistrates;  said  magistrates  shall  be  elected  by  the  legal 
voters  of  such  city  or  town,  at  the  next  regular  election  for  city  or  town 
officers,  and  every  four  years  thereafter.  - 

§  3.  Said  police  magistrate,  when  elected,  shall  be  commissioned  and 
qualified  in  the  same  manner  as  justices  of  the  peace  are,  and  shall  have  in 
their  respective  counties  the  same  jurisdiction,  power  and  emoluments  as 
other  justices  of  the  peace  in  this  State,  and  they  shall  also  have  jurisdiction 
in  all  cases  arising  under  the  ordinances  of  their  respective  towns  and  cities 
and  for  any  breaches  thereof,  where  the  amount  claimed  shall  not  exceed 
one  hundred  dollars;  and  in  all  cases  arising  under  the  ordinances  of 
towns  and  cities,  said  magistrates  shall  be  entitled  to  the  same  fees  as 
justices  of  the  peace  now  are  for  similar  services,  and  to  be  collected  in  the 
same  manner  :  Provided,  the  city  or  town  authorities  of  any  such  town  or 
city  may  make  such  additional  allowance  to  such  police  magistrates  as  they 
may  deem  just  and  expedient ;  and,  in  all  cases  arising  under  the  ordinances 
of  any  such  town  or  city,  change  of  venue  shall  be  allowed  from  one  police 
magistrate  to  another  in  cities  where  there  is  more  than  one  such  magis¬ 
trate,  and  in  all  towns  and  cities  from  such  police  magistrate  to  the  nearest 

justice  of  the  peace ;  to  be  applied  for  in  the  same  manner  and  granted  on 
12 


178 


STATE  LAWS. 


the  same  conditions  and  in  the  same  manner  as  changes  of  venue  from 
justices  of  the  peace  now  are. 

§  4.  The  rules  of  practice  and  proceeding  before  such  police  magistrates 
shall  conform  to  the  practice  and  proceedings  before  justices  of  the  peace, 
except  in  cases  where  such  rules  of  practice  or  of  proceeding  shall  be 
changed  or  modified  by  the  charter  of  such  town  or  city,  in  which  case 
such  rules  of  practice  and  proceeding  shall  conform  to  the  said  charter. 

§  5.  The  city  marshal  of  such  towns  or  cities,  and  all  constables  of  the 
county  in  which  said  town  or  city  may  be  situated,  and  all  the  town  or 
police  constables  of  such  towns  or  cities,  respectively,  shall  be  and  are 
hereby  authorized  to  execute  all  process  and  orders  issued  or  made  by  said 
police  magistrates  in  their  respective  counties. 

§  6.  Appeals  shall  be  allowed  from  the  decision  of  police  magistrates  in 
all  cases,  to  be  applied  for  and  taken  in  the  same  manner  that  appeals  from 
justices  of  the  peace  may  be  taken. 

§  7.  This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  27th,  1854. 


An  act  to  amend  the  charter  of  the  city  of  Belleville. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly :  That  the  city  of  Belleville  shall  hereafter  extend 
one  mile  square,  and  no  more :  Provided ,  however,  the  same  may  be 
extended,  not  exceeding  two  miles  square,  by  a  majority  of  the  qualified 
voters  for  State  officers,  residing  within  the  limits  of  the  proposed  extension 
voting  therefor,  at  any  regular  election  for  mayor  of  said  city. 

§  2.  Previous  to  such  vote  being  taken,  the  city  council  shall,  by  order, 
propose  and  specifically  prescribe  the  limits  of  such  extension,  which  order 
shall  be  inserted  in  and  made  a  part  of  the  election  notices. 

§  3.  In  addition  to  the  powers  already  given  to  the  city  council  of  said 
city  to  levy  and  collect  taxes,  said  council  may  levy  and  collect  a  special 
tax  on  all  property  within  said  city  not  exceeding  one-fifth  per  cent,  per 
annum  on  the  assessed  value  thereof,  to  be  applied  exclusively  to  erecting 
and  furnishing  common  school  houses,  and  sustaining  common  schools 
within  said  city,  to  be  assessed  and  collected  with,  and  in  the  same  manner 
as,  other  city  taxes :  Provided  that  a  majority  of  the  legal  voters  of  said 
city,  at  the  next  general  election  for  mayor,  voting  on  the  subject,  shall 
vote  in  favor  of  the  school  tax. 

§  4.  The  marshal  elected,  and  all  constables  residing  in  said  city,  shall 


STATE  LAWS. 


179 


have  power,  and  are  hereby  required,  to  preserve  the  peace  and  good  order 
of  said  city,  to  serve  all  process,  to  make  all  arrests  and  returns  as  are 
necessary  to  carry  into  effect  the  jurisdiction  herein  conferred. 

§  5.  All  city  officers  in  said  city  shall  hereafter  be  elected  by  the  quali¬ 
fied  voters  thereof. 

§  6.  It  shall  not  be  necessary  for  any  person,  if  otherwise  qualified,  to 
be  a  citizen  of  the  United  States,  to  entitle  him  to  vote  for  city  officers  in 
said  city. 

§  7.  The  board  of  aldermen  may  consist  of  any  number  of  members  not 
exceeding  two  from  each  ward,  as  may  be  determined  by  the  city  council: 
Provided  that  each  ward  shall  be  entitled  to  the  same  number. 

§  8.  At  the  next  general  election  of  aldermen,  after  said  city  council 
shall  determine  that  each  ward  shall  be  represented  by  two  members, 
there  shall  be  elected  from  each  ward  the  number  to  which  it  may  be 
entitled.  And  at  the  first  meeting  of  the  city  council  after  said  aldermen 
shall  have  been  sworn  in  office,  they  shall  divide  themselves,  by  lot  or 
otherwise,  into  two  classes,  one  member  from  each  ward  in  each  class, 
and  the  seats  of  those  in  the  first  class  shall  be  vacated  at  the  expiration 
of  one  year,  and  those  of  the  second  class  at  the  expiration  of  two  years, 
and  annually  thereafter  there  shall  be  elected  one  member  from  each  ward, 
who  shall  hold  his  seat  for  two  years,  and  until  his  successor  is  elected  and 
qualified. 

§  9.  Any  officer  willfully  neglecting  to  perform  his  duties  as  required  by 
this  act,  shall  be  fined  not  less  than  ten,  nor  more  than  one  hundred, 
dollars. 

§  10.  Juries  and  appeals  shall  be  allowed  on  the  same  conditions  as 
allowed  by  the  general  laws,  applicable  to  justices  of  the  peace. 

§  11.  Justices  of  the  peace,  the  marshal  and  constables  shall  be  allowed 
the  same  fees  for  their  services  as  are  allowed  to  justices  of  the  peace  and 
constables  by  the  general  laws. 

§  12.  This  is  to  be  in  force  from  and  after  its  passage. 

Approved,  March  1st,  1854. 


An  act  to  amend  an  act  entitled  “An  act  to  amend  the  charter  of  the  city  of 

Belleville ,”  approved  March  ls^,  1854. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly :  That  hereafter  in  all  cases  properly  cognizable 
before  the  police  magistrate  of  said  city,  and  the  said  magistrate  shall  be 
absent,  or  otherwise  unable  to  attend  to  the  same,  the  mayor  of  said  city 


180 


STATE  LAWS. 


shall  have  power  to  designate  some  other  justice  of  the  peace  of  said  city 
to  discharge  the  office  of  said  police  magistrate  in  such  cases,  who,  for  the 
time  being,  shall  have  and  exercise  all  the  judicial  powers  of  police 
magistrate. 

§  2.  The  city  council  of  said  city  shall  have  power  to  purchase  suitable 
grounds  in  said  city,  for  the  erection  thereon  of  an  engine  house  and 
market  house,  and  may  issue  the  bonds  of  said  city  therefor,  in  denomina¬ 
tions  not  exceeding  one  thousand  dollars,  which  may  bear  any  rate  of 
interest  not  exceeding  ten  per  cent.,  and  redeemable  at  any  time  within 
ten  years  from  their  dates. 

§  3.  The  mayor  and  board  of  aldermen  shall  have  power  to  appoint  the 
marshal,  street  inspector,  city  weigher,  market  master,  assessor,  register, 
and  treasurer  of  said  city,  and  such  other  officers  and  agents  of  said  city 
as  may  by  ordinance  be  created. 

§  4.  That  all  white  male  residents  in  said  city,  twenty-one  years  of  age, 
who  shall  have  resided  therein  for  six  months  immediately  preceding  any 
election  for  city  officers  shall  be  entitled  to  vote  at  such  election. 

§  5.  The  city  council  shall  have  power  to  levy  and  collect  a  school  tax 
in  said  city  not  exceeding  one-fifth  per  cent,  upon  every  hundred  dollars’ 
worth  of  taxable  property  in  said  city,  to  be  appropriated  to  school  pur¬ 
poses,  under  the  control  of  said  city  council. 

§  6.  The  said  city  council  may  at  any  time  hereafter  submit  to  the 
legal  voters  of  said  city  at  any  general  election  for  city  officers,  or  any 
special  election  to  be  ordered  by  the  said  city  council  for  said  purpose, 
whether  the  said  city  shall  subscribe  fifty  thousand  dollars  to  the  capital 
stock  of  the  Belleville  and  Murphysboro’  railroad  or  not,  and  if  a 
majority  of  the  votes  cast  at  such  election  shall  be  in  favor  of  such  sub¬ 
scription,  the  said  city  council  may  order  and  have  issued  fifty  thousand 
dollars  of  the  said  city  bonds  in  denominations  of  not  less  than  one  thou¬ 
sand  dollars  each,  to  bear  an  annual  interest  of  seven  per  cent.,  payable 
semi-annually,  at  such  places  as  the  said  city  council  may  designate,  and 
redeemable  in  twenty  years  from  their  date. 

§  V.  All  acts  and  parts  of  acts  heretofore  passed  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Approved,  February  15th,  1855. 


An  act  to  prevent  cities  or  towns  from  issuing  warrants  to  circulate  as 

money. 


Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  repre¬ 
sented  in  the  General  Assembly ,  That  in  all  cases  where  any  city  or  town 


STATE  LAWS. 


181 


in  this  State  shall  be  indebted  to  any  person  or  persons,  on  any  account 
whatsoever,  a  warrant  or  voucher  shall  be  drawn  on  the  treasurer  of  said 
city  or  town  for  the  whole  amount  found  due  to  such  person  by  the  tribunal 
having  power  to  audit  and  allow  claims  against  such  city  or  town,  and  such 
tribunal  shall  not,  in  any  case,  draw  more  than  one  warrant  or  voucher  for 
the  amount  allowed  to  one  individual  at  one  time. 

§  2.  No  warrant  or  voucher  drawn  on  the  treasurer  of  city  or  town, 
shall  be  drawn  in  favor  of  any  other  person  than  the  one  to  whom  the 
same  may  be  due,  and  such  warrant  or  voucher  may  be  in  the  form  now 
prescribed  by  law. 

§  3.  No  treasurer  of  any  town  or  city  in  this  State  shall  pay  any  warrant 
or  voucher  drawn  on  him,  unless  such  warrant  be  presented  for  payment 
by  the  person  in  whose  favor  such  warrant  is  drawn,  or  his  assignee,  or 
executor,  or  administrator. 

§  4.  Any  officer  or  officers  of  any  town  or  city  that  shall  be  guilty  of 
violating  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde¬ 
meanor  in  office ;  and  for  every  such  violation  shall  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars,  to  be  recovered  by  indictment. 

Approved,  March  4th,  1845. 


Certified  copies  of  corporate  proceedings,  evidence. 

Copies  of  all  papers,  books  or  proceedings,  or  parts  thereof,  appertaining 
to  transactions  in  their  corporate  capacity,  of  any  town  or  city  heretofore 
incorporated,  or  now  incorporated,  or  that  may  hereafter  be  incorporated, 
under  a  general  or  special  law  of  this  State,  certified  to  be  true  copies  by 
the  clerk  or  keeper  of  the  same  under  the  seal  of  said  town  or  city,  or 
under  the  private  seal  of  said  clerk  or  keeper,  if  there  be  no  public  seal ; 
the  said  clerk  or  keeper  also  certifying  that  he  is  entrusted  with  the  safe 
keeping  of  the  originals,  of  which  he  gives  certified  copies,  shall  be 
received  as  prima  facie  evidence  of  the  facts  so  certified,  in  all  the  courts 
of  this  State,  in  any  suit  or  proceeding  pending  before  them. 

Approved,  March  3d,  1845.  [Chap.  40,  Sec.  9,  Rev.  Stat. 


An  act  in  relation  to  appeals  from  Justices  of  the  Peace. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  in  all  cases  where  jurisdiction  has  been 
heretofore,  or  shall  be  hereafter  given  to  any  justice  of  the  peace,  mayor 


182 


STATE  LAWS. 


of  a  city  or  other  officer  in  this  State,  over  any  fine  or  penalty  imposed 
for  the  violation  of  any  law  of  this  State,  appeals  shall  be  allowed,  and 
may  be  taken  to  the  circuit  court  of  the  county  in  the  same  manner  that 
appeals  are  by  law  authorized  to  be  taken,  and  prosecuted  from  judgments 
of  justices  of  the  peace  in  other  cases. 

§  2.  That  in  all  cases  of  appeals  from  justices  of  the  peace,  mayor  of 
the  city,  or  other  officers,  no  appeal  shall  be  dismissed  for  any  informality 
in  the  appeal  bond.  But  it  shall  be  the  duty  of  the  court  before  whom 
the  appeal  may  be  pending,  to  allow  the  party  to  amend  the  same,  so  that 
a  trial  may  be  had  on  the  merits  of  the  case. 

§  3.  This  act  shall  apply  as  well  to  appeals  now  pending  as  to  appeals 
which  may  be  taken  hereafter. 

§  4.  This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  9th,  1854. 


An  act  supplemental  to  an  act  entitled  “ An  act  to  provide  for  a  general 

system  of  railroad  incorporations .” 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly ,  That  whenever  the  citizens  of  any  city  or  county 
in  this  State  are  desirous  that  said  city  or  county  should  subscribe  for 
stock  in  any  railroad  company  already  organized  or  incorporated,  or  here¬ 
after  to  be  organized  or  incorporated  under  any  law  of  this  State,  such 
city  or  county  may,  and  are  hereby  authorized  to  purchase  or  subscribe 
for  shares  of  the  capital  stock  in  any  such  company,  in  any  sum  not 
exceeding  one  hundred  thousand  dollars  for  each  of  such  cities  or  counties; 
and  the  stock  so  subscribed  for  or  purchased,  shall  be  under  the  control  of 
the  county  court  of  the  county,  or  common  council  of  the  city  making 
such  subscription  or  purchase,  in  all  respects  as  stock  owned  by  individuals. 

§  2.  That  for  the  payment  of  said  stock,  the  judges  of  the  county 
court  of  the  county,  or  the  common  council  of  the  city  making  such 
subscription  or  purchase,  are  hereby  authorized  to  borrow  money  at  a  rate 
not  exceeding  ten  per  cent,  per  annum,  and  to  pledge  the  faith  of  the 
county  or  city  for  the  annual  payment  of  the  interest,  and  the  ultimate 
redemption  of  the  principal;  or  if  the  said  judges  or  common  council 
should  deem  it  most  advisable,  they  are  hereby  authorized  to  pay  for  such 
subscription  or  purchase  in  bonds  of  the  city  or  county,  making  such 
subscription,  to  be  drawn  for  that  purchase,  in  sums  not  less  than  fifty 
dollars,  bearing  interest  not  exceeding  ten  per  cent,  per  annum  :  Provided , 
that  no  bond  shall  be  paid  out  at  a  rate  less  than  par  value. 


STATE  LAWS. 


183 


§  3.  The  railroad  companies  already  organized  or  incorporated,  or 
hereafter  to  be  organized  or  incorporated  under  the  laws  of  this  State,  are 
hereby  authorized  to  receive  the  bonds  of  any  county  or  city  becoming 
subscribers  to  the  capital  stock  of  such  company,  at  par,  and  in  lieu  of 
cash,  and  to  issue  their  bonds,  bearing  interest  not  exceeding  ten  per 
centum  per  annum  for  any  moneys  by  them  borrowed  for  the  construction 
of  their  railroad  and  fixtures,  or  for  the  purchase  of  engines  and  cars,  and 
for  such  purpose  may  dispose  of  any  bonds  by  them  received  as  aforesaid. 

§  4.  No  subscription  shall  be  made,  or  purchase,  or  bond  issued,  by 
any  county  or  city  under  the  provisions  of  this  act,  whereby  any  debt 
shall  be  created  by  said  judges  of  the  county  court  of  any  county,  or  by 
the  common  council  of  any  city,  to  pay  any  such  subscription,  unless  a 
majority  of  the  qualified  voters  of  such  county  or  city  (taking  as  a  standard 
the  number  of  votes  thrown  at  the  last  general  election  previous  to  the 
vote  had  upon  the  question  of  subscription  under  this  act  for  county 
officers,)  shall  vote  for  the  same,  and  the  judges  of  the  county  court  of 
any  county,  or  the  common  council  of  any  city,  desiring  to  take  stock  as 
aforesaid,  shall  give  at  least  thirty  days’  notice,  in  the  same  manner  as 
notices  are  given  for  election  of  State  or  county  officers  in  said  counties, 
requiring  said  electors  of  said  counties  or  said  cities  to  vote  upon  the  day 
named  in  such  notices,  at  their  usual  place  of  voting,  for  or  against  the 
subscription  for  said  capital  stock,  which  they  may  propose  to  make,  and 
said  notices  shall  specify  the  company  in  which  stock  is  proposed  to  be 
subscribed,  the  amount  which  it  is  proposed  to  take,  and  the  time  which  the 
bonds  proposed  to  be  issued  are  to  run,  and  the  interest  which  said  bonds 
are  to  bear;  or  in  case  it  is  proposed  to  borrow  money  to  pay  such  sub¬ 
scription,  then  the  notices  shall  state  the  terms  upon  which  such  loan  is  to 
be  effected ;  and  the  opinion  of  the  electors  shall  be  expressed  upon  their 
ballots  “for  subscription,”  or  “against  subscription,”  and  counted  and 
returned  by  the  judges  and  clerks  of  elections  as  in  other  cases;  and  if 
a  majority  of  the  voters  of  said  county  or  city,  assuming  the  standard 
aforesaid,  shall  be  in  favor  of  the  same,  such  authorized  subscription  or 
purchase,  or  any  part  thereof,  shall  then  be  made  by  said  judges  or  common 
council.  In  case  any  election  had  under  this  act  is  held  upon  a  day  of  a 
general  election,  then  the  number  of  votes  thrown  at  such  general  election 
for  county  officers,  shall  be  the  standard  of  the  number  of  qualified  voters 
as  aforesaid.  No  bonds  shall  be  issued  under  the  provisions  of  this  act  by 
any  county  or  city,  excepting  for  the  amounts  required  to  be  paid  at  the 
time  of  subscription,  and  for  the  amounts  of,  and  at  the  time  when  assess- 


184 


STATE  LAWS. 


ments  upon  all  the  stock-holders  of  said  company  shall  be  regularly 
assessed  and  made  payable. 

§  5.  This  act  to  take  effect  from  and  after  its  passage. 

Approved,  November  6,  1849. 


An  act  authorizing  incorporated  cities  to  change ,  alter  and  vacate  streets  or 

parts  of  streets. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly ,  That  when  the  corporate  authorities  of  any  city 
may  deem  it  for  the  best  interest  of  their  respective  cities  that  any  street 
or  part  of  a  street  shall  be  changed,  altered  or  vacated,  said  authorities 
shall  have  the  power,  upon  the  petition  of  the  property-holders  owning 
property  on  such  street  or  part  of  street,  to  change,  alter  or  vacate  the 
same,  and  to  convey,  by  quit-claim  deed,  all  interest  which  said  city  may 
have  had  in  the  street  or  part  of  street  so  vacated,  to  the  owner  or  owners 
of  lots  and  lands  next  to  and  adjoining  the  same,  upon  the  payment  by 
such  owner  or  owners  of  all  assessments  which  may  be  made  against  their 
lots  and  lands,  for  and  on  account  of  benefits  to  the  same  arising  from 
such  change,  alteration  or  vacation  of  any  street  or  part  of  street,  as 
aforesaid. 

§  2.  The  benefits  and  damages  caused  by  changing,  altering  or  vacating 
any  street  or  part  of  street,  as  aforesaid,  shall  be  assessed  and  determined 
in  the  manner  pointed  out  by  the  act  incorporating  such  city,  or  by  the 
ordinances  thereof  in  other  cases. 

Approved,  February  15th,  1851. 


Extract  from  an  act  for  the  assessment  of  property. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the 
General  Assembly : 

%  *  *  *  %  * 
Property  exempt  from  taxation. 

§  3.  All  property  described  in  this  section,  to  the  extent  herein  limited, 
shall  be  exempt  from  taxation — that  is  to  say  : 

First. — All  lands  donated  for  school  purposes,  and  not  sold  or  leased; 
all  public  school  houses,  and  houses  exclusively  for  public  worship,  the 
books  and  furniture  therein,  and  the  grounds  attached  to  such  building 


STATE  LAWS. 


185 


necessary  for  the  proper  occupancy,  use  and  enjoyment  of  the  same,  and 
not  leased  or  otherwise  used  with  a  view  to  profit;  all  colleges,  academies, 
all  endowments  made  for  their  support ;  all  buildings  connected  with  the 
same,  and  all  lands  connected  with  institutions  of  learning,  not  used  with  a 
view  to  profit.  This  provision  shall  not  extend  to  leasehold  estates  of  real 
property,  held  under  the  authority  of  any  college  or  university  of  learning. 

Second. — All  lands  used  exclusively  as  graveyards  or  grounds  for  burying 
the  dead. 

Third. — All  government  lands  belonging  to  the  United  States,  and  all 
property,  whether  real  or  personal,  belonging  to  this  State,  and  all  the 
swamp  and  overflowed  lands  belonging  to  the  several  counties  of  this 
State,  so  long  as  the  same  may  remain  unsold  by  such  counties. 

Fourth. — All  buildings  belonging  to  counties,  used  for  holding  courts, 
for  jails  or  for  county  offices,  with  the  ground  on  which  such  buildings  are 
erected,  not  exceeding  in  any  county,  ten  acres. 

Fifth. — All  lands,  houses  and  other  buildings  belonging  to  any  county, 
town  or  city,  used  exclusively  for  the  accommodation  or  the  support  of  the 
poor. 

Sixth. — All  buildings,  with  the  furniture  appertaining  thereto,  belonging 
to  institutions  of  purely  public  charity,  together  with  the  lands  actually 
occupied  by  such  institutions,  not  leased  or  otherwise  used  with  a  view  to 
profit ;  and  all  moneys  and  credits  appropriated  solely  to  sustaining,  and 
belonging  exclusively  to  such  institutions. 

Seventh. — All  fire  engines,  and  other  implements  used  for  the  extin¬ 
guishment  of  fires,  with  the  buildings  used  exclusively  for  the  safe  keeping 
thereof,  and  for  the  meetings  of  fire  companies,  whether  belonging  to  any 
town,  or  to  any  fire  company  organized  therein. 

Eighth. — All  market  houses,  public  squares,  or  other  public  grounds, 
used  exclusively  for  public  purposes ;  and  all  works,  machinery  and  fixtures, 
belonging  exclusively  to  any  town  or  city,  and  used  exclusively  for  con¬ 
veying  water  to  such  town  or  city. 

Ninth. — No  person  shall  be  required  to  list  a  greater  portion  of  any 
credits  than  he  believes  will  be  received  or  can  be  collected ;  nor  any 
greater  portion  of  any  obligation  given  to  secure  the  payment  of  rent,  than 
the  amount  that  shall  have  accrued  on  the  lease,  and  shall  remain  unpaid 
at  the  time  of  such  listing.  No  person  shall  be  required  to  include  in  his 
statement,  as  a  part  of  the  personal  property,  monies,  credits,  investments 
in  bonds,  stocks,  joint  stock  companies,  or  otherwise,  which  he  is  required 
to  list,  any  share  or  portion  of  the  capital  stock  or  property  of  any  com¬ 
pany  or  corporation  which  is  required  to  list  or  return  its  capital  and 


186 


STATE  LAWS. 


property  for  taxation  in  this  State,  nor  shall  any  partner  be  required  to 
list  or  return  any  property,  liability  or  supposed  balance  of  said  partnership 
due  him,  the  property,  effects  and  credits  of  said  partnership  being  listed 
by  any  other  partner. 

Approved,  February  12,  1853. 


An  act  requiring  druggists  and  all  persons  dealing  in  medicines  to  label  all 

medicines  by  them  sold . 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly  :  That  all  druggists,  and  other  persons  selling 
medicines  at  retail,  shall  be  required  to  place  upon  each  bottle,  vial,  or 
package  by  them  sold,  a  label,  with  the  name  of  the  medicine  which  such 
bottle,  vial,  or  package  contains,  written  or  printed  thereon. 

§  2.  Any  person  who  shall  violate  the  provisions  of  the  foregoing  act, 
shall  be  subject  to  a  fine  of  not  less  than  one,  nor  exceeding  five,  dollars, 
to  be  recovered  before  any  justice  of  peaoe  in  an  action  of  debt :  Provided , 
that  the  provisions  of  this  act  shall  not  apply  to  physicians  in  their  practice. 

Approved,  February  12th,  1853. 


An  act  to  increase  the  school  fund. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly :  That  all  fines  collected  by  justices  of  the  peace 
or  other  county  officers,  shall  be  paid  to  the  school  commissioner  of  the 
county  in  which  the  fines  are  collected,  and  be  made  a  part  of  the  school 
fund,  and  be  distributed  by  said  commissioner  in  the  same  manner  as  the 
State  funds  are  by  law  now  distributed :  Provided,  that  nothing  in  this  act 
shall  be  so  construed  as  to  require  fines  collected  in  incorporated  towns  and 
cities,  for  the  violation  of  the  by-laws  or  ordinances  of  said  towns  or  cities, 
to  be  paid  to  said  commissioner. 

§  2.  That  all  laws  or  parts  of  laws  in  conflict  with  this  act  are  hereby 
repealed. 

§  3.  This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  10th,  1853. 


An  act  to  repeal  an  act  entitled  “An  act  to  prohibit  the  retailing  of  intoxi¬ 
cating  drinks ,”  approved  February  1  st,  1851. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly :  That  an  act  entitled  “  an  act  to  prohibit  the 


STATE  LAWS. 


187 


retailing  of  intoxicating  drinks/’  approved  February  1st,  1851,  be  and  the 
same  is  hereby  repealed. 

Approved,  February  7th,  1853. 


An  act  to  amend  an  act  entitled  “  An  act  for  the  better  government  of  towns 
and  cities ,  and  to  amend  the  charters  thereof ,”  approved  February ,  21  th , 
1854. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly :  That  all  police  magistrates  when  elected  shall 
severally  hold  their  offices  for  the  term  of  four  years,  and  until  others  are 
elected  and  qualified,  and  in  case  of  the  death,  resignation  or  removal  from 
the  town  or  city  of  any  of  the  said  police  magistrates,  their  offices  shall  be 
deemed  thereby  vacated,  and  such  vacancies  shall  be  filled  by  special 
elections  for  that  purpose,  notified  and  conducted  in  the  same  manner  as 
is  now  provided  by  law  for  special  elections  for  justices  of  the  peace. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 
Approved,  February  15th,  1855, 


An  act  to  amend  an  act  entitled  an  act  for  the  better  government  of  towns 
and  cities ,  and  to  amend  the  charters  thereof.  Approved ,  February 
2lth,  1854. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly ,  That  so  much  of  said  act  as  requires  the  officers 
therein  named  to  be  elected  at  the  election  of  officers  for  said  towns  and 
cities  for  the  year  A.  D.,  1854,  be  and  is  hereby  so  amended,  that  in  those 
towns  and  cities  where  they  failed  to  elect  said  officers  in  the  year  1854, 
they  may  elect  them  at  the  elections  to  be  held  therein  for  said  officers  in 
any  subsequent  year. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  15th,  1855. 


An  act  to  prohibit  the  sale  of  intoxicating  drinks. 

Section  1.  Be  it  enacted  by  the  people  of  the  Slate  of  Illinois,  represented 
in  the  General  Assembly ,  That  all  laws  or  parts  of  laws  which  were  in 
force  in  relation  to  the  granting  of  license  to  persons  for  the  purpose  of 
retailing  spirituous,  vinous  or  mixed  liquors,  at  the  time  of  the  passage  of 


188 


STATE  LAWS. 


an  act  entitled  “  An  act  to  prohibit  the  retailing  of  intoxicating  drinks,” 
approved  February  1st,  1851,  be  and  are  hereby  re-enacted  and  in  full 
force  and  effect,  as  if  never  repealed :  Provided ,  that  no  license  shall  be 
granted  to  any  person  for  a  less  sum  than  fifty  dollars,  nor  more  than  three 
hundred  dollars  per  annum.  This  act  shall  take  effect  from  and  after  its 
passage.  And,  'provided ,  further ,  That  a  grocery  shall  be  deemed  to  include 
all  houses  and  places  where  spirituous  or  vinous  liquors  are  retailed  by  less 
quantity  than  one  gallon.  The  act  entitled,  “  An  act  to  amend  an  act  to 
reduce  the  laws  incorporating  the  city  of  Chicago,  and  the  several  acts 
amendatory  thereof,  into  one  act,  and  to  amend  the  same,”  and  to  amend 
an  act  to  charter  the  city  of  Peru,  be  and  the  same  hereby  is  repealed, 
and  the  provisions  therein  repealed  are  hereby  revised  and  re-enacted. 

Approved  February  12th,  1853. 


STATE  LAWS  RELATING  TO  CITIES. 


An  Act  amendatory  of  the  Act  approved  March  3c?,  1845,  in  relation  to 

Fire  Companies. 

Section  1 .  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly ,  That,  hereafter,  fire  companies  wishing  to  incor¬ 
porate  under  said  act  herein  referred  to,  shall  be  allowed  to  record  such 
intention  in  the  recorder’s  office  in  the  proper  county,  and  in  the  register’s 
office  in  all  cities  of  this  state,  where  such  office  has  been  established. 
Any  member  of  any  fire  companies  in  this  state  shall,  during  the  time  he 
may  remain  a  member  of  said  company,  and  comply  with  the  rules,  and 
perform  the  duties  thereof,  be  exempt  from  road  and  street  labor,  or  the 
payment  of  money  in  lieu  thereof. 

Approved  February  24.  1859. 


An  Act  providing  for  the  Vacation  of  Streets ,  Alleys  and  Town  Plats. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  the  corporate  authorities  of  any  town  or 
city  shall  have  power  to  vacate  streets  and  alleys,  upon  a  petition  of  two- 
thirds  of  the  property  holders  upon  said  street  or  alley.  The  benefits  and 
damages  caused  by  changing,  altering  or  vacating  any  street,  or  part  of 
street,  or  alley,  or  part  of  alley  aforesaid,  shall  be  assessed  and  determined 


STATE  LAWS. 


189 


in  manner  pointed  out  by  the  act  incorporating  such  city  or  town,  or  by 
the  ordinances  thereof  in  other  cases. 

§  2.  That  so  much  of  the  second  section  of  the  act  to  provide  for  the 
vacating  of  town  plats,  approved  February  16,  A.  D.  1847,  as  provides 
that  said  act  shall  not  apply  to  the  original  plat  or  map  of  any  town 
located  or  laid  out  as  or  for  a  county  seat,  so  long  as  the  county  seat  shall 
remain  at  such  town,  is  hereby  repealed. 

Approved  February  19,  1859. 


An  Act  to  'provide  for  ascertaining  the  Qualifications  of  Voters  and  to 

prevent  illegal  voting. 

Whereas ,  The  right  of  suffrage  is  the  highest  privilege  of  the  citizen, 
and  should  be  guarded  with  proper  vigilance  against  intrusion  and  fraud  ; 
for  the  purpose,  therefore,  of  ascertaining  the  persons  who  may  be  entitled 
to  vote  at  the  several  elections  held  under  the  laws  of  this  state,  and  to 
prevent  illegal  voting  thereat, 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented 
in  the  General  Assembly,  That  to  constitute  residence  under  the  constitu¬ 
tion  and  election  laws  of  the  state,  a  permanent  abode  is  necessary,  and  at 
all  elections,  general  or  special,  held  in  any  town,  city,  district  or  ward, 
every  person  offering  to  vote,  who  is  not  personally  known  to  the  judges 
and  inspectors  of  elections  to  have  such  permanent  abode,  and  to  have 
resided  in  such  election  district  for  the  space  of  sixty  days  immediately 
preceding  such  election,  shall,  if  his  vote  be  challenged,  take  the  oath 
required  by  law,  and  in  addition  thereto,  swear  or  affirm  to  his  place  of 
residence,  specifying  the  particular  place  and  house  in  which  he  resides, 
and  stating  how  long  he  has  there  resided,  and  his  business  or  employ¬ 
ment  ;  and,  if  he  has  not  resided  in  such  house  for  sixty  days  immediately 
preceding  such  election,  he  shall  state  where  and  in  what  houses  he  has 
resided  for  the  last  sixty  days,  and,  in  addition  thereto,  such  voter  so 
challenged  shall  be  required  to  produce  two  witnesses,  both  of  whom  are 
personally  known  to  said  judges  of  said  election,  and  residents  in  the  pre¬ 
cinct,  district  or  ward,  or  shall  be  proved  by  some  legal  voter  or  voters  of 
the  precinct  or  district  in  which  said  vote  is  offered  to  be  voted  therein, 
who  shall  be  known  to  such  judges,  and  each  of  them  shall  take  the  fol¬ 
lowing  oath,  to  be  administered  by  one  of  the  judges  of  election: 

“  I  do  solemnly  swear  or  affirm  (as  the  case  may  be)  that  I  am  a  resi¬ 
dent  of  this  election  district,  and  entitled  to  vote  at  this  election,  and  that 


190 


STATE  LAWS. 


I  have  been  a  resident  of  this  election  district  for  one  year  last  past,  and 
that  I  am  well  acquainted  with  the  voter  whose  vote  is  now  offered,  that 
he  is  an  actual  and  bona  fide  resident  of  this  election  district,  and  that  he 
has  resided  in  this  state  for  one  year  last  past.” 

§  2.  If  any  judge  of  any  district  shall  permit  any  voter  to  vote  whose 
vote  is  so  challenged,  without  the  proof  required  in  the  first  section  of  this 
act,  or  shall  knowingly  and  willfully  permit  any  person  to  testify  as  a  wit¬ 
ness  contrary  to  the  provisions  of  this  act.  he  shall  be  guilty  of  a  high 
misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in  the  sum  of  one 
thousand  dollars,  and  be  imprisoned  in  the  county  jail  six  months. 

§  3.  If  any  witness  or  voter  whose  vote  is  so  challenged  and  sworn 
under  the  provision  of  the  first  section  of  this  act  shall  knowingly,  willfully 
and  corruptly  swear  falsely,  he  shall  be  deemed  guilty  of  perjury,  and 
upon  conviction  thereof  imprisoned  in  the  penitentiary  for  any  term  not 
less  than  three  nor  more  than  twenty-one  years. 

§  4.  If  any  person  shall  vote  more  than  once  at  any  election  held  under 
the  authority  of  the  laws  of  this  State,  or  shall  vote  at  any  such  election, 
who  is  not  a  qualified  voter  at  the  place  where  he  so  votes,  or  shall  offer  to 
vote  after  having  voted  once  at  such  election,  he  shall,  on  conviction 
thereof,  be  confined  in  the  penitentiary  for  any  time  not  less  than  one 
nor  more  than  five  years. 

§  5.  At  all  elections,  general  or  special,  in  this  State,  where  the  vote  is 
by  ballot,  if  the  judges  of  elections  are  satisfied  under  the  provisions  of 
this  act,  and  the  other  laws  of  this  State  relating  to  elections,  that  the 
person  offering  the  vote  is  the  legal  voter,  he  shall  endorse  the  back  of  the 
ticket  offered,  the  number  corresponding  with  the  vote  on  the  poll  book, 
and  put  such  ticket  immediately  in  the  ballot  box,  and  the  clerk  of  the 
election  shall  enter  the  name  of  the  voter  and  his  number  on  the  poll  book. 

§  6.  At  the  close  of  the  polls,  the  poll  books  shall  be  signed  by  the 
judges  and  attested  by  the  clerks.  The  names  therein  contained  shall  then 
be  counted,  and  the  number  set  dowm  at  the  foot  of  the  poll  books. 

§  7.  All  the  ballots  counted  by  the  judges  of  election,  shall  after  being 
read,  be  strung  on  a  strong  thread  of  twine,  in  the  order  in  which  they 
have  been  read,  and  shall  then  be  carefully  enveloped  and  sealed  up  by 
the  judges,  who  shall  direct  the  same  to  the  officer  or  officers  to  whom 
by  law  they  are  required  to  return  the  poll  books,  and  shall  be  delivered, 
together  with  said  poll  books,  to  said  officer  or  officers,  who  shall  carefully 
preserve  said  poll  books  for  six  months,  and  at  the  expiration  of  said  time 
shall  destroy  them,  and  in  all  cases  of  contested  election,  the  parties  con¬ 
testing  the  same,  shall  have  the  right  to  have  the  said  package  of  ballots 


STATE  LAWS. 


191 


opened,  and  said  ballots  referred  to  by  witnesses  for  the  purpose 
of  such  contest;  but  said  ballots  shall  only  be  so  examined  and  referred 
to  in  the  presence  of  the  officer  having  the  custody  thereof. 

§  8.  The  provisions  of  this  act  shall  apply  to  all  general  and  special 
elections  hereafter  held  in  the  State,  whether  for  general,  town,  municipal 
or  other  offices,  and  no  person  shall  be  considered  as  having  resided  in 
any  ward,  or  election  district,  or  precinct,  unless  he  shall  have  had  a  per¬ 
manent  abode  therein  for  at  least  thirty  days  immediately  preceding  such 
election. 

§  9.  No  liquor  or  other  intoxicating  drinks  shall  be  sold  or  given  away 
at  retail,  nor  shall  any  bar-room  or  place  where  liquor  or  intoxicating 
drinks  are  sold  at  retail,  be  open  on  such  election  day,  and  it  shall  be  the 
duty  of  the  sheriff,  constable,  public  officers  and  magistrates  to  see  that 
the  provisions  of  this  section  are  enforced,  and  any  violation  of  its  pro¬ 
visions  shall  be  prosecuted  and  punished  in  the  same  manner,  and  to  the 
same  extent,  as  the  keeping  of  tippling  houses  open  on  Sunday,  or  the  first 
day  of  the  week,  is  now  punished  by  law. 

§  10.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  22d,  1861. 


An  act  to  prevent  illegal  voting  at  the  elections. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That,  to  constitute  residence  under  the  election 
laws  of  this  state,  a  person  shall  have  resided  in  the  election  precinct  or 
district  for  the  term  of  sixty  days,  and  no  person  shall  be  entitled  to 
vote  at  any  election  under  the  laws  of  this  State,  excepting  under  charters 
for  cities  and  incorporated  towns,  unless  he  shall  have  actually,  and  in 
good  faith,  resided  in  the  election  precinct  or  district  in  which  he  offers 
his  vote,  any  law  of  this  State  to  the  contrary  notwithstanding. 

§  2.  Any  person  violating  the  provisions  of  this  act  shall  be  subject  to 
all  the  fines,  penalties,  and  punishments  that  are  now  provided  by  law  for 
illegal  voting. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  22,  1861. 


• 

. 


* 


, 


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'  ,  •  •  ■> 


C  •  • 


.  ' 


•  •  )  '  : 


■CONTENTS. 

- •  -♦-* - 

PAGE. 

History  of  tlie  city  of  Belleville .  ...  5 

Charter  of  the  city  of  Belleville . .  35 

Art.  I. — Boundaries,  name,  wards .  35 

Art.  II. — Officers,  term  of  office,  aldermen .  36 

Special  election,  removal,  vacancy,  eligibility,  tie .  37 

Art.  III. — Election,  manner  of  conducting  elections,  qualification  ot 

voters,  oath,  arrests  on  election  days .  38 

Art.  IV. — Take  oath,  oath  of  Mayor,  riot,  exhibit  of  books, 

indictment .  39 

Ordinances  and  resolutions,  vacancy,  fire  wardens,  register .  40 

City  attorney,  treasurer,  marshal,  surveyor .  41 

Assessor  collector,  weigher,  market  master,  street  inspector .  42 

City  Council,  delivery  of  books,  etc.,  to  successors,  commis¬ 
sions .  43 

Art.  V. — City  Council,  quorum .  43 

Compensation,  meetings,  finances,  etc .  44 

Powers  of  City  Council . .  44  to  50 

Art.  VI. — Taxes .  51 

Art.  VII. — Public  grounds,  streets,  alleys .  51 

Compensation,  sworn,  valuation,  how  made,  notice .  52 

Sale  of  building,  assessment  of  damages,  strike  balance .  53 

Return  of  assessment  by  commissioners,  notice,  remove  commis¬ 
sioners,  lands  taken .  54 

When  part  taken,  appeal,  landlord  pay  assessments .  55 

Charges,  rights  of  infants . 56 

Art.  VIII. — Improvements  of  streets,  sidewalks,  public  squares .  56 

Collect  city  taxes,  city  districts,  special  tax,  sidewalks .  57 

Tax  for  the  removal  of  nuisances,  cleansing  of  alleys .  58 

Art.  IX. — Assessor  and  assessment  lists .  58 

Assessment  lists  filed,  assessments  a  lien .  59 

Issue  warrant  for  taxes,  warrants  signed  by  Mayor,  collector 

collect  taxes,  non-payment .  60 

Sale  for  taxes,  redemption .  61 

Deed,  deeds  evidence .  62 


11 


CONTENTS. 


PASS. 

Art.  X. — Wooden  buildings,  chimneys .  63 

Ashes,  fire  buckets,  gunpowder,  authority  of  the  Mayor  and 

other  officers  in  case  of  fire,  fire  engines .  64 

Prescribe  the  duties  of  firemen,  engineers,  firemen  to  be  exempt 

from  serving  as  jurors,  etc .  65 

Art.  XI. — Health  commissioners,  duty. ...  .  65 

Removal  of  diseased  persons,  prescribe  powers  and  duties  of  the 

commissioners,  physicians  to  make  report .  66 

Art.  XII. — Miscellaneous  provisions,  publish  statements .  66 

Exempt  from  road  labor,  fines,  Richland  creek,  numbering  lots...  6*7 
Expenditures,  penalty  of  inspectors,  remittance  of  fines,  vote  of 

City  Council,  ordinances  and  by-laws  to  be  published .  68 

Cemetery,  suits  brought  in  the  name  of  the  city,  first  process, 

executions,  penalty .  69 

Freeholders  not  exempt  as  judges,  etc.,  ordinances  in  force, 
suits,  property,  published  ordinances,  style,  this  act  not  to 

invalidate  acts  of  City  Council .  7 0 

Police  magistrate,  fees,  breakers  of  peace,  power  of  council 

heretofore,  digest  of  ordinances... . . .  71 

An  act  to  amend  the  charter  of  the  city  of  Belleville .  72 

CITY  ORDINANCES. 

No.  I. — Accounts  against  the  city — Ordinance  relating  to  accounts. .  74 

No.  II. — Additions — Ordinance  relating  to  additions.. .  74 

No.  III. — Auctions  and  auctioneers — Ordinance  concerning  auctions 

and  auctioneers .  75 

No.  IV. — Attorney  of  the  city — Ordinance  relating  to  the  city 

attorney .  76 

No.  V. — Bonds — An  ordinance  in  relation  to  the  issuing  of  bonds  by 

the  city  of  Belleville  for  the  grading,  macadamizing  and  planking 

the  streets  of  said  city .  77 

No.  VI. — Bonds — Ordinance  in  relation  to  the  issuing  of  bonds  for 

the  purpose  of  recalling  and  withdrawing  from  circulation  any  of 

the  matured  bonds  for  city  indebtedness .  78 

* 

No.  VII. — Bonds — Ordinance  relating  to  the  issuing  of  bonds  for  the 

grading  and  macadamizing  of  the  streets  of  Belleville .  78 

No.  VIII. — Beggars — Ordinance  relating  to  beggars . 79 

No.  IX. — Cemetery  and  Sexton — Ordinance  relating  to  cemetery  and 

sexton .  79 

No.  X. — Census — Ordinance  providing  for  taking  the  census  of  the 

city  of  Belleville . 81 


CONTENTS.  Ill 

TAGK. 

No.  XI. — City  Council — An  ordinance  relating  to  the  City  Council..  82 

No.  XII. — City  limits — Ordinance  relating  to  the  city  limits .  85 

No.  XIII. — City  surveyor — Ordinance  relating  to  city  surveyor .  85 

No.  XIV. — City  weigher  and  scales — Ordinance  relating  to  city 

weigher  and  scales .  87 

No.  XV. — Dogs — Ordinance  concerning  dogs .  89 

No.  XVI. — Elections — Ordinance  relating  to  elections .  91 

No.  XVIII. — Fees  and  salaries — An  ordinance  relating  to  fees  and 

salaries .  95 

No.  XIX. — Fire  department — Ordinance  relating  to  the  fire  depart¬ 
ment  of  the  city  of  Belleville . . .  97 

No.  XX. — Fires — An  ordinance  relating  to  fires .  98 

No.  XXI. — Gas  Light  and  Coke  Company — Ordinance  relating  to  the 

Belleville  Gas  Light  and  Coke  Company .  100 

No.  XXII. — Gas  light  and  special  tax  —  Ordinance  relating  to  gas 

light  and  special  tax . 101 

No.  XXIII. — Grade — Ordinance  in  relation  to  the  grade  of  the  city 

of  Belleville,  of  sidewalks  and  streets .  103 

No.  XXIV. — Gunpowder  and  gun  cotton — An  ordinance  relating  to 

gunpowder  and  gun  cotton .  103 

No.  XXV. — Hotels  and  boarding  houses — Ordinance  relating  to 

hotels  and  boarding  houses .  104 

No.  XXVI. — Hogs — Ordinance  to  prevent  hogs  from  running  at  large  104 
No.  XXVII. — Infectious  or  contagious  diseases — Ordinance  in  rela¬ 
tion  to  infectious  and  contagious  diseases .  105 

No.  XXVIII. — Licenses — Ordinance  relating  to  licenses .  106 

No.  XXIX. — Marshal — Ordinance  relating  to  the  city  marshal .  112 

No.  XXX. — Market — Ordinance  relating  to  market  and  market  master  113 

No.  XXXI. —  Nuisances — Ordinance  relating  to  nuisances .  116 

No.  XXXII. — Nuisances  beyond  the  city  limits — Ordinances  relating 

to  nuisances  within  a  half  mile  of  the  city  limits .  119 

No.  XXXIII. — Officers — Ordinance  relating  to  citv  officers .  120 

No.  XXXIV. — Penal  offenses  and  misdemeanors — Ordinance  relating 

to  penal  offenses  and  misdemeanors .  123 

Art.  I. — Offenses  affecting  public  order,  peace  and  quiet .  123 

Art.  II. — Offenses  against  public  morals  and  decency .  124 

Art.  III. — Offenses  affecting  public  safety  and  policy .  126 

Art.  IV. — Offenses  concerning  the  streets,  squares  and  private 

property .  127 

Art.  V. — Offenses  against  official  authority . . . 129 


IV 


CONTENTS. 


PASS. 

Art.  VI. — Penalties .  130 

Art.  VII. — Miscellaneous  provisions .  130 

No.  XXXV. — Private  property — An  ordinance  regulating  the  pro¬ 
ceedings  when  private  property  is  taken  for  public  use .  131 

No.  XXXVI. — Process — Ordinance  concerning  proceedings  before 

the  police  magistrate  for  lines  and  penalties .  132 

No.  XXXVII. — Public  Well — Ordinance  relating  to  the  public  well.  137 
No.  XXXVIII. — Revenue  and  taxes — Ordinance  in  relation  to,  and 

for  the  collection  of,  taxes  and  other  revenue  of  the  city  ....  137 
Art.  I. — Rate  of  tax .  137 

Art.  II. — Assessor  and  assessment. . .  138 

» 

Art.  III. — Collector  and  collection  of  taxes .  140 

No.  XXXIX. — Register  and  treasurer — Ordinance  relating  to  register 

and  treasurer .  145 

No.  XL. — Slaughter  houses  and  pens — An  ordinance  relating  to 

slaughter  houses  and  pens . 146 

No.  XLI. — Shade  trees — Ordinance  relating  to  shade  trees .  147 

No.  NLII. — Special  tax — An  ordinance  relating  to  special  tax .  147 

No.  XLIII. — Sidewalks  and  pavements — Ordinance  relating  to  side¬ 
walks  and  pavements .  150 

No.  XLIV. — Streets,  street  inspector  and  alleys — Ordinance  relating 

to  streets,  street  inspector  and  alleys .  152 

No.  XLV. — Seal — An  ordinance  relating  to  the  seal  of  the  city  of 

Belleville .  154 

No.  XLVI. — Watchmen — Ordinance  relating  to  watchmen  of  the  city  154 
No.  XL VII. — Wells  and  cisterns  on  sidewalks — Ordinance  relating 

to  constructing  wells  and  cisterns  on  sidewalks .  155 

No.  XL VIII, — Ordinance  relating  to  the  revised  ordinances .  155 

No.  XLIX. — Certificate  of  authentication .  156 

List  of  officers .  157 

An  act  to  incorporate  the  city  of  Springfield .  160 

Art.  I. — Boundaries  and  general  powers .  160 

Art.  II. — Of  the  City  Council .  161 

Art.  III. — Of  the  chief  executive  officers .  162 

Art.  IV. — Of  elections .  162 

Art.  V. — Of  the  legislative  powers  of  the  city  council .  163 

Art.  VI. — Of  the  Mayor . * .  165 

Art .VII. — Proceedings  in  special  cases .  167 

Art.  VIII. — Miscellaneous  provisions .  168 

An  act  to  incorporate  towns  and  cities .  170 

Election  for  city  incorporation  of  the  town  of  Belleville .  173 


CONTENTS. 


V 


PAGE. 

Special  and  general  laws  of  the  State  of  Illinois,  relating  to  the  city 

of  Belleville,  and  to  incorporated  towns  and  cities .  174 

An  act  to  legalize  the  incorporation  of  the  city  of  Belleville,  and  the 
official  acts  of  the  City  Council  of  said  city,  and  to  empower  said 
city  to  borrow  money  at  a  rate  of  interest  not  exceeding  ten  per 

centum  per  annum .  174 

An  act  concerning  fines  and  forfeitures  within  the  limits  of  the  city 

of  Belleville .  174 

An  act  granting  additional  powers  to  the  city  of  Belleville . ,  175 

An  act  authorizing  the  city  of  Belleville  to  issue  bonds .  176 

An  act  for  the  better  government  of  towns  and  cities,  and  to  amend 

the  charters  thereof .  177 

An  act  to  amend  the  charter  of  the  city  of  Belleville .  178 

An  act  to  amend  an  act  entitled  “An  act  to  amend  the  charter  of  the 

city  of  Belleville,”  approved  March  1st,  1854. .  . .  179 

An  act  to  prevent  cities  or  towns  from  issuing  warrants  to  circulate 

as  money .  180 

Certified  copies  of  corporate  proceedings,  evidence .  181 

An  act  in  relation  to  appeals  from  justices  of  the  peace .  181 

An  act  supplemental  to  an  act  entitled  “An  act  to  provide  for  a  general 

system  of  railroad  incorporations,” .  182 

An  act  authorizing  incorporated  cities  to  change,  alter  and  vacate 

streets  or  parts  of  streets . . . .  184 

Extract  from  an  act  for  the  assessment  of  property .  184 

Property  exempt  from  taxation .  184 

An  act  requiring  druggists  and  all  persons  dealing  in  medicines  to 

label  all  medicines  by  them  sold .  186 

An  act  to  increase  the  school  fund .  186 

An  act  to  repeal  an  act  entitled  “  An  act  to  prohibit  the  retailing  of 

intoxicating  drinks,”  approved  February  1st,  1851 .  186 

An  act  to  amend  an  act  entitled  “An  act  for  the  better  government  of 
towns  and  cities,  and  to  amend  the  charters  thereof,”  approved 

February  27th,  1854 .  187 

An  act  to  prohibit  the  sale  of  intoxicating  drinks .  187 

An  act  amendatory  of  the  act  approved  March  3d,  1845,  in  relation 

to  fire  companies .  188 

An  act  providing  for  the  vacation  of  streets,  alleys  and  town  plats... .  188 
An  act  to  provide  for  ascertaining  the  qualifications  of  voters,  and  to 

prevent  illegal  voting .  189 

An  act  to  prevent  illegal  voting  at  elections .  191 


* 


* 

r  ‘  '  V' 


\ 


- 


. 


' 


. 

' 

\ 

•  * 

’• 

- 

INDEX 


Accounts . 

Additions . 

Aldermen . 

Alleys . 

Appeals . 

Assessor . 

Assessments . 

Arrests . . 

Auctions  and  Auctioneers 

Attorney . 

Authentication . 

Affidavit . . 

Actions . . . 


A. 

. 74,  153,  154 

. . .  .72,  74 

. 36,  72,  74,  82,  95,  179 

.  .  .45,  46,  51,  58,  131,  152,  153,  154 

. 55,  73,  134,  139,  178,  181 

. 42,  58,  59,  82,  96,  138,  139,  140 

. 53,  58,  59,  138,  139,  140,  146 

. 38,  132,  136 

. 46,  75,  76,  106 

.  . 41,  76,  77,  95 

. 156 

. 132,  133,  134,  135,  149 

. 133,  155 


B. 


Banker . 106 

Bail . : . . . 133 

Bawdy  houses . 46,  126 

Bonds  of  city . 73,  77,  78,  175,  176 

Beggars . 48,  79 

Bonds  of  officers . 120,  121,  140,  152 

Brokers . 106 

Billiard  tables . 46,  106 

Boundaries  of  the  city . . . 35,  85 

First  Ward . 85,  173 

Second  Ward . 85,  173 

Third  Ward .  85,  173 

Fourth  Ward. . 85,  173 

Bridges . 46 

Benefits  and  damages  by  opening  streets . 131,  132 

Belleville,  town  of,  incorporated  into  city  of,  history  of . 5 

Beerhouses . . . 50,  106,  108,  109,  110 

Bagatelle  table . 106 

Butchers . 114,  115,  117,  130 


Vlll 


INDEX. 


C. 


Carts  and  carriages . 46,  107,  108,  129,  131 

Cemetery . 45,  49,  09,  72,  79,  80,  81 

Charter  of  city  of  Belleville . 35 

Charter  of  city  of  Springfield . 160 

Cities,  how  and  when  incorporated . .  .  .170,  171,  172 

Census . 49,  81,  82 

Corporate  powers  of  towns  and  cities . 170,  1 7 1,  172 

City  Council . 43,  44,  94,  82,  83,  84,  85,  131,  139,  148,  150,  151 

Committees  of  City  Council . 84 

City  limits . 85,  178 

City  Council,  Board  of  Health . 105 

City  surveyor . 41,  85,  86,  87,  96 

City  weigher . 42,  87,  88,  89,  96 

Chimnies  and  flues . 63,  99 

Collector . 42,  60,  96,  140,  141,  112,  143,  144,  145 

Costs . 96,  120,  135,  136 

Clerks  of  elections . . . 91,  92,  93,  95 

Contagious  diseases . 45,  105,  106 

City  attorney . 41,  76,  77,  95 

Commissions . 43,  52 

Compensation . 44,  52 

Cisterns . 45,  73,  155 

Constables . . 96,  134 

Chief  engineer . 97 

Coffee  houses . 106,  108,  109,  110 

Circus . 107 

Caravan . 107 

Cellars . 119,  128 


Charter  of  city  of  Springfield,  160,  161,  162,  163,  164,  165,  166,  167, 

168,  169 


D. 


Damages . 

Dead  persons . 

Dead  animals . 

Dogs . 

Disorderly  conduct. . 
Disturbing  the  peace 
Disorderly  houses . . . 
Debts . 


. 53 

49,  79,  118,  130 
. 117 


48,  89,  90,  91,  113,  126 

. 48,  123 

. 48,  123 

. 46,  126 

. 50,  132 


INDEX. 


IX 


Drunkenness. . . . 

Druggists . 

Driving . 

Diseased  persons 


E. 


124,  125,  134 

. 186 

. 48,  126 

. 66 


Elections . 37,  38,  91,  92,  93,  94,  95,  189,  190,  191 

Evidence. ...  .  . 7l,  181 

Exhibitions . 50,  107,  125,  126 

Estate,  real  and  personal . 101,  143,  149 

Exemptions . 67,  184,  185,  186 

Executions . . . 69,  134,  135 

Eligibility . 37 

F. 


Fees  and  salaries . 46,  71,  77,  80,  84,  87,  95,  96,  135,  140,  144,  145 

False  alarm . .123 

Fines . 67,  85,  134,  135,  136,  151,  152,  174,  186 

Fire  Department . 97,  98 

Fires . . . 97,  98,  99,  100 

Fire  companies . , . 188 

Fire  works . 99 

Fire  arms,  discharging.. . 127 

Firewardens . . . 40,  97,  98 

Finances . 44,  45 

G. 


Gaming . 

Gambling  Houses . 

Gas  light  and  coke  company . 

Gas  light  and  special  tax . 

Garnishee  process . 

Grade . 

Gunpowder  and  gun  cotton.. ....... 

Groceries . 

Gas  district . 

H. 


. 46,  125 

. 46,  125 

. 100,  101 

. 51,  101,  102 

. 135 

. 56,  103 

- -  .  .64,  103,  104 

46,  50,  108,  109,  110 
. 101,  102 


Hacks  and  carriages . ..46,  106,  107,  108 

Hawkers . 46,  106 

Hotels  and  boarding  houses . 104 

Hogs . 48,  118,  104,  105 

Health . 65,  105,  106,  118 

Horses  and  jacks . 48 

Hospitals . 46 


X 


INDEX. 


I. 

Incorporation  of  town  of  Belleville . 173,  174 

Indecent  exposures  and  exhibitions . 125,  126 

Imprisonment . 133,  137 

Infectious  diseases . 105 

Interest . 44 

Insurance  agents . 46,  111 

J. 

Jury . 134 

Judges  of  election .  . 91,  92,  93,  95 

Judgment . 133,  134,  149 

L. 


Licenses . 46,  106,  107,  108,  109,  110,  111,  112,  124,  146 

Limits  of  the  city . 85,  178 

Limits  of  the  wards . 85 

Livery  stables . 48,  49,  100,  117 

Lamps  and  lamp  posts . 100,  101,  102,  129 

List  of  officers . 157,  158,  159 

M. 


Marshal,  41,  89,  90,  92,  96,  97,  98,  104,  105,  110,  112,  113,  116,  117, 

134,  136,  175,  178,  179 

Mayor . 39,  82,  83,  84,  95,  109,  112,  139,  144,  146,  152,  154 

Market  and  market  master . 42,  45,  96,  176,  180,  113,  114,  115,  130 

Misdemeanors,  100,  104,  105,  106,  108,  109,  110,  111,  112,  113,  114,  115, 

117,  118,  123,  124,  125,  126,  127,  128,  129,  130,  131 

Meetings  of  City  Council . . 44,  82 

Moneys,  statement  of . . . 66 

Menageries . 107 

N. 


Nuisances . 

Nuisances  beyond  city  limits 

Night  watches . 

Notice  of  meetings . 

Name  of  incorporation . 

Nine  pin  alleys . 


.45,  48,  112,  116,  117,  118,  119,  153 

. 119 

. 154 

. 82 

. 35 

. 106 

O. 


Obstructions . 119,  128,  129,  151 

Oaths,  official . 39,  120,  154 

Officers  of  city . 36,  96,  120,  121,  122,  123,  129,  179 

Ordinances . 40,  68,  70,  165,  156 

Office,  term  of . 36 


Omnibus 

Ordinary 


INDEX. 


XI 


106,  107,  108 
. . 107 


P. 

Peddlers . 46,  106 

Penal  offenses,  100,  104,  105,  106,  108,  109,  110,  111,  112,  113,  114,  115? 

116,  118,  123,  124,  125,  126,  127,  128,  129,  130,  131 

Penalties . 69,  130,  136,  151,  152,  181 

Powder . 64,  103,  104 

Pump . 131,  137 

Public  well . 131,  137 

Public  grounds . 51,  56 

Private  property . 52,  131,  132 

Process . 69,  73,  132,  133,  134,  135,  136,  137 

Police . 47,  112 

Police  magistrate..  .71,  72,  77,  95,  96,  132,  134,  135,  136,  137,  177,  178, 

179,  187 

Privies . 48,  49,  116 

Pawn  brokers . 46,  106 

Property  exempt  from  taxation . 

Posse . 124,  130 

Parents  and  guardians . 135 

Q. 

Qualifying  of  officers . 120,  121 

Quarelling . 71, 123 

Qualification  of  voters . 38 


R. 

Register  and  Treasurer,  40,  41,  89,  91,  94,  96,  108,  109,  115,  139,  140, 


143,  144,  145,  146,  148,  150,  180,  181 

Revenue . 137,  138,  139,  140,  141,  142,  143,  144,  145 

Rioting .  . 39,  48,  123 

Resisting  officers .  129 

Redemption  from  sale. . . . 61,  143,  144,  149 

Reports . •' . .  .66,  146,  153 

Railroads . 50,  182 

Roads  (see  streets.) 

Road  labor . 67 

Removal . . . 36,  37 

Resolutions . 40 

Ricbland  creek. . 67,  119 

S. 

Saloons . 46,  50,  108,  109 

Special  election . 36 


Xll  INDEX. 

Salaries . 72,  95,  96 

Security  for  the  peace . 136,  137 

Slaughter  houses . 49,  117,  146,  147 

Shade  trees . 147 

Special  tax  . 51,  57,  73,  116,  147,  148,  149,  150 

Springfield,  charter  of.  ..160,  161,  162,  163,  164,  165,  166,  167,  168,  169 

Sidewalks  and  pavements . 45,  56,  57,  150,  151,  152 

Streets . . . 45,  51,  131,  152,  153,  154,  184 

Street  inspector . 42,  96,  151,  152,  153,  154 

Swine .  48,  104,  105 

Seal  of  the  city . 154 

Sexton . . . 79,  80,  81 

Shows . 50 

Suits . 69,  70,  112 

Surveyor . 41,  96,  85,  86,  87,  131 

Stoves . > . 98,  99 

T. 

Taxes . 51,  57,  137,  138,  140,  141,  178,  184,  185,  186 

Tippling  houses . .  .46 

Treasurer . 40,  41,  145,  146 

Towns  and  cities . 170,  171,  172 

Tie  . 37 

Theatres . 46,  107 

Traders,  transient  or  non-resident . Ill 

y. 

Verdict . 134 

Voters . 72,  179,  180,  189,  190,  191 

Vacating  streets . 184,  188 

Vacancy . 37,  40,  121 

Vagrants . 48,  49,  79,  125 

W. 

Wards . .35 

Watchman  . 48,  154,  155 

Wells  and  cisterns . 45,  131,  155 

Weigher . 42,  47,  87,  88,  89,  96 

Weights  and  measures . 47,  114 

Wagons . 46,  47,  106,  107,  108,  113 

Warrants . 60,  73,  74,  132,  133,  180 


UNIVERSITY  OF  ILUNOIS-URBANA 

352 . 0773B41 OR1 862  C001 

REVISED  ORDINANCES  OFTHE  CITY  OFBELLEVIL 


